Where gender may be used to set car-insurance rates (2026)
Gender is a permitted rating factor in most of the United States and banned in 4 jurisdictions. The public lists of which are which are demonstrably out of date.
The bans arrived by different routes. In one state gender sits on an enumerated list of prohibited underwriting and rating factors alongside marital status, age, occupation, income, education and home ownership. In another it is banned by a regulation with a stated effective date. In a third it is banned by omission, because the rating plan may only use the factors on a closed statutory list.
One state appears on almost every published list of gender bans and should not. Its unisex provision was amended so that it expressly permits sex and marital status in ratemaking outside a narrow set of health lines. The amendment is several years old and the lists have not caught up.
Claims about several other states could not be confirmed against primary text during this build, so they are recorded as unverified rather than published as bans. An unverified restriction is not a restriction.
| Jurisdiction | Gender | Authority |
|---|---|---|
| Alabama | No restriction found | — |
| Alaska | No restriction found | — |
| Arizona | No restriction found | — |
| Arkansas | No restriction found | — |
| California | Banned | 10 CCR §2632.5 (effective 1 January 2019) |
| Colorado | No restriction found | — |
| Connecticut | No restriction found | — |
| Delaware | No restriction found | — |
| District of Columbia | No restriction found | — |
| Florida | No restriction found | — |
| Georgia | No restriction found | — |
| Hawaii | Banned | Haw. Rev. Stat. §431:10C-207 |
| Idaho | No restriction found | — |
| Illinois | No restriction found | — |
| Indiana | No restriction found | — |
| Iowa | No restriction found | — |
| Kansas | No restriction found | — |
| Kentucky | No restriction found | — |
| Louisiana | No restriction found | — |
| Maine | No restriction found | — |
| Maryland | No restriction found | — |
| Massachusetts | Banned | MA Division of Insurance |
| Michigan | Banned | Mich. Comp. Laws §500.2111 |
| Minnesota | Not verified Claimed by public lists but the primary text was unreachable at ingest. Held out until confirmed. | — |
| Mississippi | No restriction found | — |
| Missouri | No restriction found | — |
| Montana | No restriction found | Mont. Code Ann. §49-2-309(4) (Ch. 250, L. 2021) |
| Nebraska | No restriction found | — |
| Nevada | No restriction found | — |
| New Hampshire | No restriction found | — |
| New Jersey | No restriction found | — |
| New Mexico | No restriction found | — |
| New York | No restriction found | — |
| North Carolina | Not verified Claimed by public lists but the primary text was unreachable at ingest. Held out until confirmed. | — |
| North Dakota | No restriction found | — |
| Ohio | No restriction found | — |
| Oklahoma | No restriction found | — |
| Oregon | Not verified Claimed by public lists but the primary text was unreachable at ingest. Held out until confirmed. | — |
| Pennsylvania | Not verified Claimed by public lists but the primary text was unreachable at ingest. Held out until confirmed. | — |
| Rhode Island | No restriction found | — |
| South Carolina | No restriction found | — |
| South Dakota | No restriction found | — |
| Tennessee | No restriction found | — |
| Texas | No restriction found | — |
| Utah | No restriction found | — |
| Vermont | No restriction found | — |
| Virginia | No restriction found | — |
| Washington | No restriction found | — |
| West Virginia | No restriction found | — |
| Wisconsin | No restriction found | — |
| Wyoming | No restriction found | — |
Source of record: each jurisdiction’s own statute text, corroborated against its insurance department or motor-vehicle agency. 45 jurisdictions carry values confirmed against primary text; the rest show no figure until the primary text is read.
Other rules across every jurisdiction
Statutory records last verified against primary sources on 10 August 2026. Every cell in the table above is read from a committed record with its own citation; nothing here is copied from a secondary comparison.