| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Jun 17, 2010 |
referred to rules |
Senate Bill S8238
2009-2010 Legislative Session
Sponsored By
(D, WF) Senate District
Archive: Last Bill Status - In Senate Committee Rules Committee
Actions
2009-S8238 (ACTIVE) - Details
2009-S8238 (ACTIVE) - Summary
Prohibits discrimination in the issuance of homeowner's insurance policies based upon the subject property's location; makes various provisions clarifying prohibition on refusal to issue or renew certain policies including homeowner's fire and extended coverage based solely on geographical location.
2009-S8238 (ACTIVE) - Sponsor Memo
BILL NUMBER:S8238
TITLE OF BILL:
An act
to amend the insurance law, in relation to prohibiting discrimination in
the issuance or renewal of homeowner's insurance policies and to the
geographical location of risk of certain policies
PURPOSE OR GENERAL IDEA OF BILL:
Prohibits discrimination in the
issuance and renewal of homeowner's insurance policies based on the
geographic location of the risk or property.
SUMMARY OF SPECIFIC PROVISIONS:
Section 3429 of the
insurance law is
amended to include homeowner's insurance in the list of insurance
categories said section applies to. Subdivision (a) of section 3429
of the insurance law is amended to add rejection of an application
and limiting the type or amount of coverage offered as actions that
are prohibited with regard to discrimination based on geographic
location of a risk or property. Part 2 of subdivision (a) of section
3429 is amended to include protection against discrimination based on
property location and to allow an insurer to reject an application
based on geographic location only when there is unreasonable distance
of a risk or property from the insurer's ordinary service area.
2009-S8238 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
8238
I N S E N A T E
June 17, 2010
___________
Introduced by Sen. FOLEY -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the insurance law, in relation to prohibiting discrimi-
nation in the issuance or renewal of homeowner's insurance policies
and to the geographical location of risk of certain policies
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 3429 of the insurance law is amended to read as
follows:
S 3429. Geographical location of risks; HOMEOWNERS'; fire, fire and
extended coverage policies; private passenger automobile insurance poli-
cies. (a) No insurer shall REJECT ANY APPLICATION FOR, refuse to issue
or renew, LIMIT THE TYPE OR AMOUNT OF COVERAGE OFFERED or shall cancel a
policy of:
(1) HOMEOWNERS' INSURANCE, fire insurance or fire and extended cover-
age insurance, or
(2) automobile insurance subject to section three thousand four
hundred twenty-five of this article
based solely on the geographical location of the risk OR PROPERTY within
this state. Such prohibition shall not preclude an insurer from REJECT-
ING AN APPLICATION FOR SUCH COVERAGE BASED ON THE UNREASONABLE DISTANCE
OF THE RISK OR PROPERTY FROM THE INSURER'S ORDINARY SERVICE AREA, OR
FROM refusing to issue or renew, LIMITING THE TYPE OR AMOUNT OF COVERAGE
OFFERED or from cancelling such policies [based on sound underwriting
and actuarial principles] reasonably related to actual or anticipated
loss experience subject to the applicable provisions of section three
thousand four hundred twenty-five of this article.
(b) The superintendent shall by regulation establish procedures with
respect to notification to insureds of the insurer's specific reason or
reasons for refusal to issue or renew or for cancellation of such poli-
cy.
S 2. Section 3433 of the insurance law is amended to read as follows:
S 3433. Termination of contracts or accounts of licensed agents or
brokers; prohibition; geographical location. (a) No insurer shall termi-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
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