Bill Text: NY S00153 | 2009-2010 | General Assembly | Introduced

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Bill Title: Prohibits discrimination by insurers solely because of an applicant's or insured's past lawful travel experiences or history; provides a person's past lawful travel experiences or history shall not be a permitted underwriting criterion.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO INSURANCE [S00153 Detail]

Download: New_York-2009-S00153-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          153
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 7, 2009
                                      ___________
       Introduced  by  Sen.  KRUGER -- 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 by insurers because of past travel history
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The insurance law is amended by adding a new section 2606-a
    2  to read as follows:
    3    S 2606-A. DISCRIMINATION BECAUSE OF PAST TRAVEL HISTORY. (A) NO  INDI-
    4  VIDUAL,  INSURER OR ENTITY SUBJECT TO THE SUPERVISION OF THE SUPERINTEN-
    5  DENT SHALL SOLELY BECAUSE OF AN APPLICANT'S  OR  INSURED'S  PAST  LAWFUL
    6  TRAVEL EXPERIENCES OR HISTORY:
    7    (1)  REFUSE  TO ISSUE OR RENEW, DENY OR CANCEL ANY INSURANCE POLICY OR
    8  CONTRACT;
    9    (2) DEMAND OR REQUIRE A GREATER PREMIUM OR PAYMENT FROM ANY PERSON;
   10    (3) FIX ANY LOWER RATE OR DISCRIMINATE IN THE FEES OR  COMMISSIONS  OF
   11  AGENTS OR BROKERS FOR WRITING OR RENEWING SUCH A POLICY.
   12    (B)  A  PERSON'S  PAST  LAWFUL  TRAVEL EXPERIENCES OR HISTORY IS NOT A
   13  PERMITTED UNDERWRITING CRITERION.
   14    (C) FOR THE PURPOSES OF THIS SECTION, "INSURER" SHALL MEAN ANY  INSUR-
   15  ER, ARTICLE FORTY-THREE CORPORATION, HEALTH MAINTENANCE ORGANIZATION, OR
   16  AGENT,  REPRESENTATIVE  OR  DESIGNEE  THEREOF REGULATED PURSUANT TO THIS
   17  CHAPTER.
   18    (D) THE PROHIBITIONS CONTAINED IN SUBSECTION (A) OF THIS SECTION SHALL
   19  NOT PRECLUDE AN INSURER FROM TAKING ANY  OF  THE  ACTIONS  DESCRIBED  IN
   20  SUBSECTION  (A) OF THIS SECTION SO LONG AS SUCH INSURER RELIES ON UNDER-
   21  WRITING CRITERIA REASONABLY RELATED TO THE PHYSICAL OR MENTAL  CONDITION
   22  OF  A PERSON, THEIR PROPERTY OR CLAIM HISTORY AND THE DECISION WAS BASED
   23  ON SOUND UNDERWRITING AND ACTUARIAL  PRINCIPLES  REASONABLY  RELATED  TO
   24  ACTUAL OR ANTICIPATED LOSS EXPERIENCE. IN SUCH CASE THE SELECTION CRITE-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02706-01-9
       S. 153                              2
    1  RIA PERMITTED MUST BE BASED ON SUCH PRINCIPLES. THE INSURER SHALL NOTIFY
    2  THE INSURED OF ITS SPECIFIC REASON OR REASONS FOR SUCH DECISION.
    3    (E)  AN  INSURER THAT COMPLIES WITH SUBSECTION (A) OF THIS SECTION AND
    4  ACTS IN GOOD FAITH SHALL NOT BE SUBJECT TO CIVIL LIABILITY ON ACCOUNT OF
    5  COMPLIANCE WITH SUCH SUBSECTION.
    6    S 2. This act shall take effect on the ninetieth day  after  it  shall
    7  have  become  a  law  and  shall  apply to all policies issued, renewed,
    8  altered or modified on or after such date.