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Senate Bill S153

2009-2010 Legislative Session

Prohibits discrimination by insurers because of past travel history

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Archive: Last Bill Status - In Senate Committee Insurance Committee

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2009-S153 (ACTIVE) - Details

Current Committee:
Senate Insurance
Law Section:
Insurance Law
Laws Affected:
Add ยง2606-a, Ins L
Versions Introduced in 2011-2012 Legislative Session:
S2046

2009-S153 (ACTIVE) - Summary

Prohibits discrimination by insurers solely because of an applicant's or insured's past lawful travel experiences or history; provides a person's past lawful travel experiences or history shall not be a permitted underwriting criterion.

2009-S153 (ACTIVE) - Sponsor Memo

2009-S153 (ACTIVE) - Bill Text download pdf 

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

                                   153

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  Sen.  KRUGER -- 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 prohibiting  discrimi-
  nation by insurers because of past travel history

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The insurance law is amended by adding a new section 2606-a
to read as follows:
  S 2606-A. DISCRIMINATION BECAUSE OF PAST TRAVEL HISTORY. (A) NO  INDI-
VIDUAL,  INSURER OR ENTITY SUBJECT TO THE SUPERVISION OF THE SUPERINTEN-
DENT SHALL SOLELY BECAUSE OF AN APPLICANT'S  OR  INSURED'S  PAST  LAWFUL
TRAVEL EXPERIENCES OR HISTORY:
  (1)  REFUSE  TO ISSUE OR RENEW, DENY OR CANCEL ANY INSURANCE POLICY OR
CONTRACT;
  (2) DEMAND OR REQUIRE A GREATER PREMIUM OR PAYMENT FROM ANY PERSON;
  (3) FIX ANY LOWER RATE OR DISCRIMINATE IN THE FEES OR  COMMISSIONS  OF
AGENTS OR BROKERS FOR WRITING OR RENEWING SUCH A POLICY.
  (B)  A  PERSON'S  PAST  LAWFUL  TRAVEL EXPERIENCES OR HISTORY IS NOT A
PERMITTED UNDERWRITING CRITERION.
  (C) FOR THE PURPOSES OF THIS SECTION, "INSURER" SHALL MEAN ANY  INSUR-
ER, ARTICLE FORTY-THREE CORPORATION, HEALTH MAINTENANCE ORGANIZATION, OR
AGENT,  REPRESENTATIVE  OR  DESIGNEE  THEREOF REGULATED PURSUANT TO THIS
CHAPTER.
  (D) THE PROHIBITIONS CONTAINED IN SUBSECTION (A) OF THIS SECTION SHALL
NOT PRECLUDE AN INSURER FROM TAKING ANY  OF  THE  ACTIONS  DESCRIBED  IN
SUBSECTION  (A) OF THIS SECTION SO LONG AS SUCH INSURER RELIES ON UNDER-
WRITING CRITERIA REASONABLY RELATED TO THE PHYSICAL OR MENTAL  CONDITION
OF  A PERSON, THEIR PROPERTY OR CLAIM HISTORY AND THE DECISION WAS BASED
ON SOUND UNDERWRITING AND ACTUARIAL  PRINCIPLES  REASONABLY  RELATED  TO
ACTUAL OR ANTICIPATED LOSS EXPERIENCE. IN SUCH CASE THE SELECTION CRITE-

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

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