Insurance works by sorting people into groups and charging each group a different price. A policy that charged everyone the same would be a subscription, not insurance. So some discrimination is not only legal, it is the mechanism.
The question is never whether an insurer distinguishes between people. It is which distinctions it is allowed to use.
Race is prohibited. Many other factors are permitted, including some that most people would not guess — gender among them, in states that allow it.
A proxy is a factor that is legal to use, defensible as predictive, and closely correlated with a characteristic that is not legal to use.
The clearest example is a credit-based insurance score used to price auto cover. Consumer advocates describe factors of this kind directly, as "subtle proxies for unfair discrimination, such as using ZIP codes and credit scores to price auto insurance."1
Both sides of that are worth stating properly, because both are arguable:
claims, and pricing on things that predict claims is what underwriting is.1
and that a factor's predictive power says nothing about whether it is fair to use.1
Neither position is refuted by the other, because they are answering different questions. One asks whether the factor predicts. The other asks whether prediction is sufficient grounds. A reader who notices that the two sides are not actually disagreeing about the facts is reading it correctly.
The National Association of Insurance Commissioners held a special session on race and insurance after the protests of 2020. Members said discrimination persists in the industry, and named the use of big data as where it is most active now.2
The history is not disputed by anyone: redlining, restrictive covenants, and premiums set explicitly by race are all part of the record of how insurance was priced in the United States.1
One further case runs the other way, and is worth including for that reason. A federal nondiscrimination rule issued in June 2020 was criticized by California's insurance commissioner as creating barriers for LGBTQ+ people, disabled people and people with limited English.1 A rule intended to govern discrimination was argued to produce it.
Three threads that look separate share the structure.
Far fewer know it can move an insurance premium, which makes it a cost they never connect to the number. The 5 Factors in a Credit Score: 2 of them are two-thirds of it
curiosity, and the resulting file can travel through a resale chain they never agreed to. Who Sees Your Financial Data, and Who Profits From It
continues to price things for you for decades afterward.
The common shape: a household is priced on characteristics it did not choose and cannot see, and told the pricing is neutral because it is predictive.
Predictive and neutral are not the same claim. The first is measurable. The second is a judgment about what should count.
Less than the problem deserves, and more than nothing.
used. The answer often includes items a driver would not expect.
An error on a file you never look at may be pricing more than one product. VantageScore vs. FICO: why the free number isn't the one your lender sees
driver can weigh the same factor very differently. That variation is the one lever a household actually holds. Insure Catastrophes, Not Inconveniences
price based on, and which parts of it describe me rather than people like me?
Insurance has to sort people into groups, so the argument is never about whether it discriminates but about which distinctions are permitted. Race is prohibited. Credit scores and ZIP codes are not, and consumer advocates describe them as proxies for what is prohibited, while the industry describes them as actuarially sound. Both can be true at once: a factor can genuinely predict claims and still be standing in for something the law does not allow. Regulators held a session on this after 2020 and named big data as where it now operates. What a household holds is narrow — check the file for errors, ask which factors set the rate, and shop across insurers, because they weigh the same factors differently.
Plenee Academy provides financial information and education, not personalized financial advice. Plenee Co. is not a registered investment adviser, broker-dealer, or financial planner. Some of this material is written with AI assistance and may contain mistakes. Check anything you plan to act on. Legal Disclosures & Notices →