Assembly Bill A2101

2009-2010 Legislative Session

Prohibits discrimination in the issuance of homeowner's insurance policies and clarifies prohibition of refusal to issue policies based solely on geographical location

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-A2101 (ACTIVE) - Details

See Senate Version of this Bill:
S8238
Current Committee:
Assembly Codes
Law Section:
Insurance Law
Laws Affected:
Amd §§3429 & 3433, Ins L
Versions Introduced in Other Legislative Sessions:
2011-2012: A7042, S4654
2013-2014: A4771, S3663
2015-2016: A6917

2009-A2101 (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-A2101 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2101

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2009
                               ___________

Introduced by M. of A. THIELE -- read once and referred to the Committee
  on Insurance

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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03223-01-9

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