Bill Text: NY S07473 | 2023-2024 | General Assembly | Introduced

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Bill Title: Prohibits property/casualty insurers from discriminating based on race, color, creed, national origin, disability, age, marital status, sex, sexual orientation, education background or educational level attained, employment status or occupation, income level, consumer credit information or score, ownership or interest in real property, location, type of residence, including but not limited to single-family home, multi-family home, apartment, housing subsidized by state and/or federal programs, or any other residence type, or any indication of a consumer's price elasticity of demand.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO INSURANCE [S07473 Detail]

Download: New_York-2023-S07473-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7473

                               2023-2024 Regular Sessions

                    IN SENATE

                                      May 30, 2023
                                       ___________

        Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Insurance

        AN ACT to amend the insurance law, in relation to discrimination

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. The section heading and subsections (a) and (b) of section
     2  2606 of the insurance law, as amended by chapter  159  of  the  laws  of
     3  1993, are amended and a new subsection (g) is added to read as follows:
     4    Discrimination  [because  of  race,  color, creed, national origin, or
     5  disability]; prohibited. (a) Except as provided in section one  thousand
     6  one  hundred  eight  of this chapter, no individual or entity subject to
     7  the supervision of the superintendent  shall  because  of  race,  color,
     8  creed, national origin, [or] disability, age, marital status, sex, sexu-
     9  al  orientation,  education  background  or  educational level attained,
    10  employment status or occupation, income level, consumer credit  informa-
    11  tion or score, ownership or interest in real property, location, type of
    12  residence, including but not limited to single-family home, multi-family
    13  home, apartment, housing subsidized by state and/or federal programs, or
    14  any  other residence type, or any indication of a consumer's price elas-
    15  ticity of demand:
    16    (1) Make any distinction or discrimination between persons as  to  the
    17  premiums  or rates charged for insurance policies or in any other manner
    18  whatever.
    19    (2) Demand or require a greater  premium  from  any  persons  than  it
    20  requires at that time from others in similar cases.
    21    (3)  Make  or  require any rebate, discrimination or discount upon the
    22  amount to be paid or the service to be rendered on any policy.
    23    (4) Insert in the policy  any  condition,  or  make  any  stipulation,
    24  whereby  the insured binds themselves, or their heirs, executors, admin-
    25  istrators or assigns, to accept any sum or service less  than  the  full
    26  value  or  amount  of such policy in case of a claim thereon except such

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10963-03-3
        S. 7473                             2

     1  conditions and stipulations as are imposed upon others in similar cases;
     2  and any such stipulation or condition so made or inserted shall be void.
     3    (b)  Except  as  provided in section one thousand one hundred eight of
     4  this chapter, no individual or entity subject  to  the  superintendent's
     5  supervision  shall solely because of the applicant's race, color, creed,
     6  national origin, [or]  disability,  age,  marital  status,  sex,  sexual
     7  orientation, education background or educational level attained, employ-
     8  ment  status or occupation, income level, consumer credit information or
     9  score, ownership or interest in real property, location, type  of  resi-
    10  dence,  including  but  not  limited to single-family home, multi-family
    11  home, apartment, housing subsidized by state and/or federal programs, or
    12  any other residence type, or any indication of a consumer's price  elas-
    13  ticity of demand:
    14    (1)  Reject  any  application  for a policy of insurance issued and/or
    15  sold by it.
    16    (2) Refuse to issue, renew  or  sell  such  policy  after  appropriate
    17  application therefor.
    18    (3)  Fix  any lower rate or discriminate in the fees or commissions of
    19  agents or brokers for writing or renewing such a policy.
    20    (g) It shall further be unlawful to consider the factors specified  in
    21  subsection (a) of this section to:
    22    (1)  adjust  any  algorithm  or  equation  used to construct actuarial
    23  tables or otherwise determine the cost of coverage;
    24    (2) make any distinction or discrimination between persons as  to  the
    25  premiums  or  rates  charged for property/casualty insurance policies or
    26  the terms of coverage or in any other manner whatsoever;
    27    (3) demand or require a greater premium  from  any  person  than  such
    28  insurer  requires  at  that  time  from other individuals or entities in
    29  similar cases; or
    30    (4) refuse to issue, renew, or sell a policy after appropriate  appli-
    31  cation therefor.
    32    § 2. This act shall take effect immediately.