NY State Senate Bill 2025-S9537

Current Bill Status - In Senate Committee Insurance 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 20, 2026	referred to insurance

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2025-S9537 (ACTIVE) - Details

See Assembly Version of this Bill:: A10524
Current Committee:: Senate Insurance
Law Section:: Insurance Law
Laws Affected:: Rpld & add §2331, Ins L

2025-S9537 (ACTIVE) - Summary

Relates to motor vehicle insurance fairness; provides that insurance rates shall not be increased based on certain factors; sets forth processes for motor vehicle insurers to have rate increases approved; allows public access in relation to any proposed insurance rate increases

2025-S9537 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9537

SPONSOR: BASKIN
 
TITLE OF BILL:

An act to amend the insurance law, in relation to motor vehicle insur-
ance fairness; and to repeal section 2331 of the insurance law relating
to motor vehicle insurance rates based on age, sex or marital status

 
PURPOSE:

This bill addresses auto insurance fairness by repealing section 2331 of
the insurance law to preclude discriminatory factors from being used to
unfairly influence the rate-setting process, while also establishing a
publicly-accessible website for ratepayers to view and submit feedback
regarding proposed rate increases.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 repeals section 2331 of the insurance law, and replaces it
with a new section 2331, establishing a motor vehicle insurance fairness
standard in law, which prohibits insurers from refusing to issue or

renew a policy, or set the rate of a policy, based in whole or in part
on age, marital status, sex, or any other categories currently protected
from discrimination under Human Rights Law; employment or occupation;
education level; home ownership or property value; consumer credit
information; any measure of a consumer's price elasticity of demand; a
policy holder's zip code; data used to justify a rate increase which is
over two years old; and income or wealth. Additionally, this section of
the bill also provides the right for the public to be able to inspect
auto rate increases, requiring a public centralized database of all rate
increase applications submitted by insurers.

Section 2 sets forth the effective date.

 
JUSTIFICATION:

Motor vehicle insurance rates have been on the rise and have become
unduly burdensome to working New Yorkers. The current rate-setting meth-
odology used in New York State allows motor vehicle insurance carriers
to use many factors that are unrelated to criteria that directly impact
the likelihood of a claim or loss. Further, the rate increase approval
process allows motor vehicle insurance carriers to raise rates on all of
their covered drivers, year over year, up to a certain amount, without
approval or oversight. Even the applications for such an increase,
whether requiring approval or not, are not publicly available for
inspection through a New York State website and are challenging to
access for public inspection.

This bill creates a broader list of prohibited criteria a motor vehicle
insurer can use when setting individual auto insurance rates that
ensures that only the factors most closely related to the likelihood of
a covered individual making a claim against their policy are used.
Specifically, it prohibits the use of demographic criteria such as age,
race, gender, religion, educational attainment, home ownership, or other
broad classes that are currently protected from discrimination in other
areas of law. Lastly, the bill requires prior approval for all rate
increases and ensures that any application for such an increase is easi-
ly accessible for public review.
 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect 90 days after it shall have become a law.

2025-S9537 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9537
 
                             I N  S E N A T E
 
                              March 20, 2026
                                ___________
 
 Introduced  by  Sen.  BASKIN -- 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 motor  vehicle  insur-
   ance  fairness; and to repeal section 2331 of the insurance law relat-
   ing to motor vehicle insurance rates based  on  age,  sex  or  marital
   status

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 2331 of the insurance law is  REPEALED  and  a  new
 section 2331 is added to read as follows:
   § 2331. MOTOR VEHICLE INSURANCE FAIRNESS. (A) DEFINITION. FOR PURPOSES
 OF  THIS  SECTION,  THE  TERM  "PROCEEDING" SHALL MEAN THE FILING OF ANY
 RATE, RATING PLAN, RATING RULE  OR  RATING  MANUAL  AND  ANY  RULEMAKING
 CONDUCTED PURSUANT TO THIS SECTION.
   (B)  PROHIBITIONS;  REFUSAL  TO INSURE. (1) NO INSURER SHALL REFUSE TO
 ISSUE OR RENEW A POLICY OR CONTRACT OF MOTOR VEHICLE INSURANCE BASED  IN
 WHOLE  OR  IN  PART  ON  ANY  OF  THE PROHIBITED UNDERWRITING AND RATING
 FACTORS SET FORTH IN SUBSECTION (C) OF THIS SECTION, OR USE SUCH FACTORS
 TO DETERMINE THE TERMS OF COVERAGE OR PLACEMENT IN A  PARTICULAR  AFFIL-
 IATE WITHIN AN INSURANCE COMPANY GROUP.
   (2)  ANY SCHEDULE OF RATES, RATING PLAN, RATING RULE, RATING MANUAL OR
 ANY OTHER METHOD OF ESTABLISHING THE PREMIUM TO BE PAID BY A MOTOR VEHI-
 CLE INSURANCE POLICYHOLDER OR COVERED DRIVER, AND THE MODIFICATION THER-
 EOF, BASED IN WHOLE OR IN PART ON ANY OF THE PROHIBITED UNDERWRITING AND
 RATING FACTORS SET FORTH IN SUBSECTION (C)  OF  THIS  SECTION  SHALL  BE
 DEEMED UNFAIRLY DISCRIMINATORY.
   (C)  PROHIBITED FACTORS. NO FILING OF A RATE, RATING PLAN, RATING RULE
 OR RATE MANUAL APPLICABLE TO MOTOR VEHICLE INSURANCE SHALL  BE  APPROVED
 BY  THE  SUPERINTENDENT  IF THE FILING IS BASED, IN WHOLE OR IN PART, ON
 THE FOLLOWING FACTORS:
   (1) ANY CRITERIA PROTECTED UNDER SECTION TWO HUNDRED NINETY-SIX OF THE
 EXECUTIVE LAW;
   (2) AGE, EXCEPT AS PROVIDED FOR UNDER SUBSECTION (D) OF THIS SECTION;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14984-04-6

 S. 9537                             2
 
   (3) EMPLOYMENT OR OCCUPATION, EXCEPT AS IT PERTAINS TO WHETHER A VEHI-
 CLE IS BEING USED FOR A BUSINESS PURPOSE AND THE NATURE OF SUCH USE;
   (4) EDUCATION LEVEL ATTAINED;
   (5) HOME OWNERSHIP OR PROPERTY VALUE;
   (6) CONSUMER CREDIT INFORMATION OR ANY OTHER CREDIT-BASED SCORE;
   (7) THE ABSENCE OF PRIOR INSURANCE;
   (8) THE AMOUNT OR PROVIDER OF PRIOR INSURANCE COVERAGE;
   (9) ANY MEASURE OF A CONSUMER'S PRICE ELASTICITY OF DEMAND;
   (10) THE ZIP CODE, OR ANY TERRITORIAL DESIGNATION GEOGRAPHICALLY SMAL-
 LER  THAN  A  ZIP  CODE, IN WHICH THE POLICYHOLDER RESIDES, EXCEPT AS IT
 PERTAINS TO THE RATE OF AUTO-RELATED CRIMES, SUCH AS THEFT  AND  VANDAL-
 ISM, OR ACCIDENT RATES IN SUCH ZIP CODE OR TERRITORIAL DESIGNATION;
   (11)  ANY  DATA  RELATED TO A CONSUMER USED TO JUSTIFY A RATE INCREASE
 WHERE SUCH DATA IS MORE THAN TWO YEARS OLD; OR
   (12) THE LEVEL OF INCOME OR WEALTH.
   (D) YEARS OF DRIVING  EXPERIENCE.  NOTWITHSTANDING  PARAGRAPH  TWO  OF
 SUBSECTION  (C)  OF  THIS SECTION, AN INSURER MAY CONSIDER THE NUMBER OF
 YEARS OF DRIVING EXPERIENCE OF AN APPLICANT FOR THE PURPOSES  OF  UNDER-
 WRITING AND RATING.
   (E)  TERRITORY  OR ANY OTHER GEOGRAPHICAL CHARACTERISTIC. TERRITORY OR
 ANY OTHER GEOGRAPHICAL CHARACTERISTIC SHALL NOT BE  CONSIDERED  FOR  THE
 PURPOSES  OF  UNDERWRITING  A POLICY OR CONTRACT OF MOTOR VEHICLE INSUR-
 ANCE, INCLUDING, BUT NOT LIMITED TO, ANY DECISION  TO  SELL,  REFUSE  TO
 SELL,  CANCEL, OR NON-RENEW. NOTWITHSTANDING PARAGRAPH TEN OF SUBSECTION
 (C) OF THIS SECTION, AN INSURER MAY, FOR RATING PURPOSES, USE A TERRITO-
 RIAL FACTOR THAT IS NOT OTHERWISE PROHIBITED UNDER THIS SECTION  IF  THE
 TERRITORIAL  FACTOR  DOES NOT HAVE MORE THAN A TEN PERCENT IMPACT ON THE
 PREMIUM THAT WOULD OTHERWISE BE CHARGED.
   (F) PROHIBITED BUSINESS PRACTICES. EVERY INSURER ISSUING OR DELIVERING
 A POLICY OR CONTRACT OF MOTOR VEHICLE INSURANCE IN THE STATE OF NEW YORK
 SHALL DEMONSTRATE  THAT  ITS  MARKETING,  UNDERWRITING,  RATING,  CLAIMS
 HANDLING,  FRAUD  INVESTIGATIONS,  AND  ANY  ALGORITHM OR MODEL USED FOR
 THOSE SUCH BUSINESS PRACTICES DO NOT DISPARATELY  IMPACT  ANY  GROUP  OF
 CUSTOMERS  BASED  ON  RACE,  COLOR, NATIONAL OR ETHNIC ORIGIN, RELIGION,
 SEX,  SEXUAL  ORIENTATION,  DISABILITY,  GENDER  IDENTITY,   OR   GENDER
 EXPRESSION.
   (G)  PRIOR  APPROVAL  OF  RATES.  (1) NO RATE SHALL BE APPROVED BY THE
 SUPERINTENDENT OR  REMAIN  IN  EFFECT  THAT  IS  EXCESSIVE,  INADEQUATE,
 UNFAIRLY  DISCRIMINATORY,  OR OTHERWISE IN VIOLATION OF THIS SECTION. IN
 CONSIDERING WHETHER A RATE IS EXCESSIVE, INADEQUATE, OR UNFAIRLY DISCRI-
 MINATORY, NO CONSIDERATION SHALL BE GIVEN TO THE DEGREE OF  COMPETITION,
 AND  THE  SUPERINTENDENT SHALL CONSIDER WHETHER SUCH RATE MATHEMATICALLY
 REFLECTS THE INSURANCE COMPANY'S INVESTMENT INCOME.
   (2) EVERY INSURER ISSUING OR DELIVERING A POLICY OR CONTRACT OF  MOTOR
 VEHICLE  INSURANCE THAT DESIRES TO CHANGE ANY RATE SHALL FILE A COMPLETE
 RATE APPLICATION WITH THE SUPERINTENDENT. A  COMPLETE  RATE  APPLICATION
 SHALL  INCLUDE  ALL DATA NECESSARY TO JUSTIFY THE PROPOSED RATE AND SUCH
 OTHER INFORMATION AS THE SUPERINTENDENT MAY REQUIRE. THE APPLICANT SHALL
 HAVE THE BURDEN OF PROVING THAT THE REQUESTED RATE CHANGE  IS  JUSTIFIED
 AND MEETS THE REQUIREMENTS OF THIS SECTION.
   (3)  THE  SUPERINTENDENT SHALL NOTIFY THE PUBLIC OF ANY APPLICATION BY
 AN INSURER FOR A RATE CHANGE. THE APPLICATION SHALL BE  DEEMED  APPROVED
 SIXTY DAYS AFTER SUCH PUBLIC NOTICE UNLESS:
   (I) THE SUPERINTENDENT DISAPPROVES OF THE APPLICATION;
   (II)  A  CONSUMER OR SUCH CONSUMER'S REPRESENTATIVE REQUESTS A HEARING
 WITHIN FORTY-FIVE DAYS AFTER SUCH PUBLIC NOTICE AND  THE  SUPERINTENDENT
 S. 9537                             3
 
 GRANTS  THE  HEARING,  OR THE SUPERINTENDENT DETERMINES NOT TO GRANT THE
 HEARING AND ISSUES WRITTEN FINDINGS IN SUPPORT OF SUCH DECISION; OR
   (III)  THE  SUPERINTENDENT, ON THE SUPERINTENDENT'S OWN MOTION, DETER-
 MINES TO HOLD A HEARING. IF THE PROPOSED RATE  ADJUSTMENT  EXCEEDS  FIVE
 PERCENT OF THE THEN-APPLICABLE RATE FOR PERSONAL MOTOR VEHICLE INSURANCE
 OR  TEN  PERCENT FOR COMMERCIAL MOTOR VEHICLE INSURANCE, THEN THE SUPER-
 INTENDENT SHALL HOLD A HEARING UPON A TIMELY REQUEST. IF THE APPLICATION
 IS INCOMPLETE OR OTHERWISE SUBJECT TO DISAPPROVAL, THEN THE  SUPERINTEN-
 DENT  MAY EXTEND THE APPLICATION REVIEW PROCESS BY UP TO SIXTY DAYS WITH
 THE AGREEMENT OF THE APPLICANT.
   (H) RIGHT OF THE PUBLIC TO INSPECT RATES. ALL INFORMATION PROVIDED  TO
 THE  SUPERINTENDENT  PURSUANT  TO  THIS  SECTION  SHALL BE AVAILABLE FOR
 PUBLIC INSPECTION ON THE DEPARTMENT'S WEBSITE, WITHOUT THE NEED  TO  PAY
 FOR  ACCESS  OR  LOGIN  CREDENTIALS.   THE DEPARTMENT SHALL ESTABLISH ON
 THEIR WEBSITE A CENTRALIZED ONLINE DATABASE  TO  ALLOW  MEMBERS  OF  THE
 PUBLIC  TO  ACCESS  AND VIEW ANY RATE INCREASE APPLICATIONS SUBMITTED BY
 INSURERS. SUCH DATABASE SHALL INCLUDE, BUT NOT BE LIMITED TO, THE ABILI-
 TY TO SEARCH FOR SPECIFIC INSURANCE COMPANY RATE APPLICATIONS, THE ABIL-
 ITY TO VIEW PUBLIC COMMENTS, AND AN OPTION  FOR  INDIVIDUALS  TO  SUBMIT
 THEIR OWN FEEDBACK.
   (I)  RIGHT  OF  THE  PUBLIC  TO REQUEST PERMISSION TO INTERVENE.   ANY
 PERSON MAY REQUEST PERMISSION FROM THE SUPERINTENDENT  TO  INTERVENE  IN
 ANY  PROCEEDING  PERMITTED OR ESTABLISHED PURSUANT TO THIS SECTION.  THE
 SUPERINTENDENT SHALL GRANT SUCH PERMISSION IF SUCH INTERVENTION IS LIKE-
 LY TO CONTRIBUTE TO THE DEVELOPMENT OF A COMPLETE RECORD OR IS OTHERWISE
 FAIR AND IN THE PUBLIC INTEREST.
   (J) RULES. (1) THE DEPARTMENT SHALL, NO LATER THAN  NINETY  DAYS  FROM
 THE  DATE  THIS  SECTION  TAKES EFFECT, ADOPT RULES AND REGULATIONS THAT
 GUIDE THE FILING AND APPROVAL OF RATES, RULES,  AND  FORMS  PURSUANT  TO
 THIS  SECTION.  THE SUPERINTENDENT SHALL DEVELOP FORMULAS FOR EVALUATING
 RATES AND ANY RULES OR FORMS THAT IMPACT RATES  THAT  WILL  BE  USED  TO
 DETERMINE WHETHER TO APPROVE OR DISAPPROVE ANY FILING.
   (2) UNTIL THE RULES AND REGULATIONS DESCRIBED IN PARAGRAPH ONE OF THIS
 SUBSECTION  ARE  IMPLEMENTED,  NO  INSURER  MAY FILE FOR A CHANGE IN ANY
 RATE, RULE, OR FORM THAT WOULD RESULT IN A RATE INCREASE. IF, BEFORE THE
 ADOPTION OF THE RULES AND REGULATIONS DESCRIBED IN PARAGRAPH ONE OF THIS
 SUBSECTION, AN INSURER ASSERTS THAT IT WOULD  NOT  BE  ABLE  TO  EARN  A
 REASONABLE  RATE  OF  RETURN  WITHOUT AN INCREASE, THEN SUCH INSURER MAY
 REQUEST A HEARING. IF IT IS DETERMINED  AFTER  A  HEARING  THAT  A  RATE
 INCREASE IS NEEDED TO EARN A REASONABLE RATE OF RETURN, THEN THE INSURER
 SHALL  BE  ALLOWED TO MAKE A CHANGE THAT AFFORDS IT THE MINIMUM INCREASE
 REQUIRED TO EARN A REASONABLE RATE OF RETURN.
   (3) THE DEPARTMENT SHALL, NO LATER THAN ONE HUNDRED EIGHTY  DAYS  FROM
 THE  EFFECTIVE  DATE  OF  THIS SECTION, ADOPT RULES AND REGULATIONS THAT
 IMPLEMENT THE TESTING OF INSURER BUSINESS PRACTICES FOR COMPLIANCE  WITH
 THIS SECTION.
   (K)  FEES.  ALL  INSURERS  OF  MOTOR  VEHICLE INSURANCE SUBJECT TO THE
 PROVISIONS OF THIS SECTION SHALL BE ASSESSED A FEE OF FIVE HUNDREDTHS OF
 ONE PERCENT OF THEIR TOTAL EARNED PREMIUMS FROM THE PRIOR CALENDAR YEAR.
 SUCH FEE SHALL BE PAYABLE TO THE DEPARTMENT NO LATER THAN JULY FIRST  OF
 EACH  CALENDAR YEAR AND SHALL BE USED BY THE DEPARTMENT TO IMPLEMENT THE
 PROVISIONS OF THIS SECTION.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.

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Senate Bill S9537

Sponsored By

Current Bill Status - In Senate Committee Insurance Committee

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co-Sponsors

2025-S9537 (ACTIVE) - Details

2025-S9537 (ACTIVE) - Summary

2025-S9537 (ACTIVE) - Sponsor Memo

2025-S9537 (ACTIVE) - Bill Text download pdf

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Sponsored By

Current Bill Status - In Senate Committee Insurance Committee

Actions

co-Sponsors

2025-S9537 (ACTIVE) - Details

2025-S9537 (ACTIVE) - Summary

2025-S9537 (ACTIVE) - Sponsor Memo

2025-S9537 (ACTIVE) - Bill Text download pdf

Comments