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Discrimination — (1) The act or process of evaluating insurable risks and determining premiums on the basis of likelihood of loss. Insurance laws prohibit "unfair discrimination"—that is, the formulation of rates on the basis of criteria that do not fairly measure the actual risk involved. (2) Unfair or illegal treatment of or denial of rights to persons on the basis of certain arbitrarily chosen attributes or characteristics, including race, gender, religion, creed, age, medical condition, pregnancy, sexual orientation/preference, physical appearance, marital status, physical or mental disability, or national origin. Discrimination does not usually fall within the coverage terms of the commercial general liability (CGL) policy (and may even be specifically excluded by endorsement) but may be covered as a form of personal injury (PI) under some umbrella policies. However, employment practices liability insurance (EPLI) covers a variety of employment-related claims, including discrimination.

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