S T A T E O F N E W Y O R K
________________________________________________________________________
7473
2023-2024 Regular Sessions
I N S E N A T E
May 30, 2023
___________
Introduced by Sen. BAILEY -- 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 discrimination
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The section heading and subsections (a) and (b) of section
2606 of the insurance law, as amended by chapter 159 of the laws of
1993, are amended and a new subsection (g) is added to read as follows:
Discrimination [because of race, color, creed, national origin, or
disability]; PROHIBITED. (a) Except as provided in section one thousand
one hundred eight of this chapter, no individual or entity subject to
the supervision of the superintendent shall because of race, color,
creed, national origin, [or] disability, AGE, MARITAL STATUS, SEX, SEXU-
AL ORIENTATION, EDUCATION BACKGROUND OR EDUCATIONAL LEVEL ATTAINED,
EMPLOYMENT STATUS OR OCCUPATION, INCOME LEVEL, CONSUMER CREDIT INFORMA-
TION OR SCORE, OWNERSHIP OR INTEREST IN REAL PROPERTY, LOCATION, TYPE OF
RESIDENCE, INCLUDING BUT NOT LIMITED TO SINGLE-FAMILY HOME, MULTI-FAMILY
HOME, APARTMENT, HOUSING SUBSIDIZED BY STATE AND/OR FEDERAL PROGRAMS, OR
ANY OTHER RESIDENCE TYPE, OR ANY INDICATION OF A CONSUMER'S PRICE ELAS-
TICITY OF DEMAND:
(1) Make any distinction or discrimination between persons as to the
premiums or rates charged for insurance policies or in any other manner
whatever.
(2) Demand or require a greater premium from any persons than it
requires at that time from others in similar cases.
(3) Make or require any rebate, discrimination or discount upon the
amount to be paid or the service to be rendered on any policy.
(4) Insert in the policy any condition, or make any stipulation,
whereby the insured binds themselves, or their heirs, executors, admin-
istrators or assigns, to accept any sum or service less than the full
value or amount of such policy in case of a claim thereon except such
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10963-03-3
S. 7473 2
conditions and stipulations as are imposed upon others in similar cases;
and any such stipulation or condition so made or inserted shall be void.
(b) Except as provided in section one thousand one hundred eight of
this chapter, no individual or entity subject to the superintendent's
supervision shall solely because of the applicant's race, color, creed,
national origin, [or] disability, AGE, MARITAL STATUS, SEX, SEXUAL
ORIENTATION, EDUCATION BACKGROUND OR EDUCATIONAL LEVEL ATTAINED, EMPLOY-
MENT STATUS OR OCCUPATION, INCOME LEVEL, CONSUMER CREDIT INFORMATION OR
SCORE, OWNERSHIP OR INTEREST IN REAL PROPERTY, LOCATION, TYPE OF RESI-
DENCE, INCLUDING BUT NOT LIMITED TO SINGLE-FAMILY HOME, MULTI-FAMILY
HOME, APARTMENT, HOUSING SUBSIDIZED BY STATE AND/OR FEDERAL PROGRAMS, OR
ANY OTHER RESIDENCE TYPE, OR ANY INDICATION OF A CONSUMER'S PRICE ELAS-
TICITY OF DEMAND:
(1) Reject any application for a policy of insurance issued and/or
sold by it.
(2) Refuse to issue, renew or sell such policy after appropriate
application therefor.
(3) Fix any lower rate or discriminate in the fees or commissions of
agents or brokers for writing or renewing such a policy.
(G) IT SHALL FURTHER BE UNLAWFUL TO CONSIDER THE FACTORS SPECIFIED IN
SUBSECTION (A) OF THIS SECTION TO:
(1) ADJUST ANY ALGORITHM OR EQUATION USED TO CONSTRUCT ACTUARIAL
TABLES OR OTHERWISE DETERMINE THE COST OF COVERAGE;
(2) MAKE ANY DISTINCTION OR DISCRIMINATION BETWEEN PERSONS AS TO THE
PREMIUMS OR RATES CHARGED FOR PROPERTY/CASUALTY 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.