senate Bill S4654

2011-2012 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

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to insurance
Apr 14, 2011 referred to insurance

S4654 - Details

See Assembly Version of this Bill:
A7042
Current Committee:
Law Section:
Insurance Law
Laws Affected:
Amd ยงยง3429 & 3433, Ins L
Versions Introduced in 2009-2010 Legislative Session:
S8238, A2101

S4654 - 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.

S4654 - Sponsor Memo

S4654 - Bill Text download pdf

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

                                  4654

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 14, 2011
                               ___________

Introduced  by  Sen.  ZELDIN -- 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  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.
                                                           LBD10775-01-1

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