Prohibits property/casualty insurers from discriminating based on race, color, creed, national origin, disability, age, marital status, sex, sexual orientation, education background or educational level attained, employment status or occupation, income level, consumer credit information 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 elasticity of demand.
STATE OF NEW YORK
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5267
2025-2026 Regular Sessions
IN SENATE
February 20, 2025
___________
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:
1 Section 1. The section heading and subsections (a) and (b) of section
2 2606 of the insurance law, as amended by chapter 159 of the laws of
3 1993, are amended and a new subsection (g) is added to read as follows:
4 Discrimination [because of race, color, creed, national origin, or
5 disability]; prohibited. (a) Except as provided in section one thousand
6 one hundred eight of this chapter, no individual or entity subject to
7 the supervision of the superintendent shall because of race, color,
8 creed, national origin, [or] disability, age, marital status, sex, sexu-
9 al orientation, education background or educational level attained,
10 employment status or occupation, income level, consumer credit informa-
11 tion or score, ownership or interest in real property, location, type of
12 residence, including but not limited to single-family home, multi-family
13 home, apartment, housing subsidized by state and/or federal programs, or
14 any other residence type, or any indication of a consumer's price elas-
15 ticity of demand:
16 (1) Make any distinction or discrimination between persons as to the
17 premiums or rates charged for insurance policies or in any other manner
18 whatever.
19 (2) Demand or require a greater premium from any persons than it
20 requires at that time from others in similar cases.
21 (3) Make or require any rebate, discrimination or discount upon the
22 amount to be paid or the service to be rendered on any policy.
23 (4) Insert in the policy any condition, or make any stipulation,
24 whereby the insured binds themselves, or their heirs, executors, admin-
25 istrators or assigns, to accept any sum or service less than the full
26 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.
LBD10014-01-5
S. 5267 2
1 conditions and stipulations as are imposed upon others in similar cases;
2 and any such stipulation or condition so made or inserted shall be void.
3 (b) Except as provided in section one thousand one hundred eight of
4 this chapter, no individual or entity subject to the superintendent's
5 supervision shall solely because of the applicant's race, color, creed,
6 national origin, [or] disability, age, marital status, sex, sexual
7 orientation, education background or educational level attained, employ-
8 ment status or occupation, income level, consumer credit information or
9 score, ownership or interest in real property, location, type of resi-
10 dence, including but not limited to single-family home, multi-family
11 home, apartment, housing subsidized by state and/or federal programs, or
12 any other residence type, or any indication of a consumer's price elas-
13 ticity of demand:
14 (1) Reject any application for a policy of insurance issued and/or
15 sold by it.
16 (2) Refuse to issue, renew or sell such policy after appropriate
17 application therefor.
18 (3) Fix any lower rate or discriminate in the fees or commissions of
19 agents or brokers for writing or renewing such a policy.
20 (g) It shall further be unlawful to consider the factors specified in
21 subsection (a) of this section to:
22 (1) adjust any algorithm or equation used to construct actuarial
23 tables or otherwise determine the cost of coverage;
24 (2) make any distinction or discrimination between persons as to the
25 premiums or rates charged for property/casualty insurance policies or
26 the terms of coverage or in any other manner whatsoever;
27 (3) demand or require a greater premium from any person than such
28 insurer requires at that time from other individuals or entities in
29 similar cases; or
30 (4) refuse to issue, renew, or sell a policy after appropriate appli-
31 cation therefor.
32 § 2. This act shall take effect immediately.
