S T A T E O F N E W Y O R K
________________________________________________________________________
7667
I N S E N A T E
February 5, 2020
___________
Introduced by Sen. PARKER -- 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 motor
vehicle insurers from discriminating based on socioeconomic factors
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 2617
to read as follows:
§ 2617. RATING FACTORS PROHIBITED. (A) ANY INSURER OR INSURANCE COMPA-
NY GROUP DOING BUSINESS IN THE STATE AS A MOTOR VEHICLE INSURER MAY NOT
USE CLASSIFICATION PLANS, RULES OR RATES, RATING PLANS OR MODIFICATIONS
OF ANY OF THE FOREGOING, BASED IN WHOLE OR IN PART ON THE FACTORS SPECI-
FIED IN THIS SECTION. ANY CLASSIFICATION PLANS, RULES OR RATES, RATING
PLANS OR MODIFICATIONS ISSUED BY SAID INSURER OR INSURANCE COMPANY GROUP
USING THE FOLLOWING FACTORS IN WHOLE OR IN PART SHALL BE DEEMED TO
VIOLATE PUBLIC POLICY AND ARE SUBJECT TO DISAPPROVAL BY THE SUPERINTEN-
DENT:
(1) AGE;
(2) MARITAL STATUS;
(3) SEX;
(4) SEXUAL ORIENTATION;
(5) EDUCATIONAL BACKGROUND OR EDUCATION LEVEL ATTAINED;
(6) EMPLOYMENT STATUS OR OCCUPATION;
(7) INCOME LEVEL;
(8) CONSUMER CREDIT INFORMATION OR SCORE;
(9) OWNERSHIP OR INTEREST IN REAL PROPERTY;
(10) ANY INDICATION OF A CONSUMER'S PRICE ELASTICITY OF DEMAND; AND
(11) ANY OTHER CHARACTERISTIC INDICATING OR TENDING TO INDICATE THE
SOCIOECONOMIC STATUS OF AN INDIVIDUAL.
(B) IT SHALL FURTHER BE UNLAWFUL TO CONSIDER THE FACTORS SPECIFIED IN
SUBDIVISION (A) OF THIS SECTION TO:
(1) ADJUST ANY ALGORITHM OR EQUATION USED TO CONSTRUCT ACTUARIAL
TABLES OR OTHERWISE DETERMINE THE COST OF COVERAGE;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10478-01-9
S. 7667 2
(2) MAKE ANY DISTINCTION OR DISCRIMINATION BETWEEN PERSONS AS TO THE
PREMIUMS OR RATES CHARGED FOR MOTOR VEHICLE INSURANCE POLICIES OR THE
TERMS OF COVERAGE OR IN ANY OTHER MANNER WHATSOEVER;
(3) DEMAND OR REQUIRE A GREATER PREMIUM FROM ANY PERSON THAN SUCH
INSURER REQUIRES AT THAT TIME FROM OTHER INDIVIDUALS OR ENTITIES IN
SIMILAR CASES; OR
(4) REFUSE TO ISSUE, RENEW, OR SELL A POLICY AFTER APPROPRIATE APPLI-
CATION THEREFOR.
§ 2. This act shall take effect immediately.