Under California law (CIC §10146), an insurer may use a test of an applicant's genetic characteristics for life insurance underwriting only if:
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Answer & full 3-part explanation (select an option above, or peek)
Why A is correct
CIC §10146 establishes that insurers may underwrite on the basis of genetic characteristic tests only with the applicant's informed consent, with strict confidentiality of the personal information obtained, and without unfair discrimination among individuals of the same class. The statute is the exclusive framework for genetic testing practices in life and disability income insurance underwriting in California. The results may not be used to discriminate unfairly, and the applicant controls access to the genetic information, which reflects the sensitivity of genetic data and the risk of improper use.
Why the other options are wrong
- B) Age is not a condition for genetic testing under §10146; the safeguards apply to applicants of all ages. The statute protects every applicant equally regardless of age. No age restriction narrows its protection.
- C) Agent approval has no role; informed consent must come from the applicant, who is the subject of the test. The agent cannot consent on the applicant's behalf. The applicant alone gives the consent.
- D) An employer's request is irrelevant and would violate the applicant's control over their own genetic information. Consent runs from the applicant to the insurer and cannot be delegated. Control over the information stays with the applicant.
Memory hook
Genetic testing needs a signature, a vault, and a level playing field—no discrimination allowed.