Illegal Insurance Questions

Insurance companies are prevented from asking you certain questions when determining your eligibility for coverage. These questions are similar to those that are illegal for employers to ask when interviewing you for a job. Just because the questions are illegal, doesn't mean the insurance company won't try to ask them. Remaining vigilant can go a long way in protecting your rights.

Race, Ethnicity, Religion or Skin Color

• It is unlawful for an insurance company to ask you questions that seek to identify your race, ethnicity or skin color for the purposes of determining coverage. Such questions are a violation of the Civil Rights Act of 1964, which prohibits discrimination based on the above-mentioned criteria. Questions regarding religion or faith are also protected under this law.

Questions Regarding Sexuality/Appearance

• Your sexual orientation has no relevance for determining your eligibility for insurance coverage. It is illegal for an insurance company to ask you about your sexual orientation or to frame questions in such a way as to determine your sexual orientation. Companies are allowed to ask you questions regarding marital status for the purpose of adding a spouse to your policy, though you are not required to provide this information. It is also illegal for an insurance company to ask you to provide a picture as part of your application.

Complicated or Confusing Questions

• Some states have passed legislation that restricts an insurance company's ability to frame questions in complicated ways for the purpose of denying coverage. According to the Insurance Journal, as of 2010, it is illegal for insurance companies operating in California to ask confusing or misleading questions and requires them to frame questions in a clear and concise manner. The law also gives you the right to answer "I don't know" or "Cannot Recall" to questions regarding health history without being denied coverage.