Senate Bill S8238

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

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules 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-S8238 (ACTIVE) - Details

See Assembly Version of this Bill:
A2101
Current Committee:
Senate Rules
Law Section:
Insurance Law
Laws Affected:
Amd §§3429 & 3433, Ins L
Versions Introduced in Other Legislative Sessions:
2011-2012: S4654, A7042
2013-2014: S3663, A4771
2015-2016: A6917

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

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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