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A00843 Summary:

COSPNSRSteck, Mamdani, Wallace, Simon, Paulin, Kelles, Hyndman, Alvarez, Lunsford, Anderson, Seawright
Add §2618, Ins L
Prohibits motor vehicle insurers from discrimination on the basis of socioeconomic factors in determining algorithms used to construct actuarial tables, coverage terms, premiums and/or rates.
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A00843 Text:

                STATE OF NEW YORK
                               2023-2024 Regular Sessions
                   IN ASSEMBLY
                                    January 11, 2023
        Introduced  by  M. of A. PEOPLES-STOKES, STECK, MAMDANI, WALLACE, SIMON,
          read  once  and  referred  to  the Committee on Insurance -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        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:
     1    Section 1. The insurance law is amended by adding a new  section  2618
     2  to read as follows:
     3    § 2618. Rating factors prohibited. (a) Any insurer or insurance compa-
     4  ny  group doing business in the state as a motor vehicle insurer may not
     5  use classification plans, rules or rates, rating plans or  modifications
     6  of any of the foregoing, based in whole or in part on the factors speci-
     7  fied  in  this section. Any classification plans, rules or rates, rating
     8  plans or modifications issued by said insurer or insurance company group
     9  using the following factors in whole or  in  part  shall  be  deemed  to
    10  violate  public policy and are subject to disapproval by the superinten-
    11  dent:
    12    (1) age;
    13    (2) marital status;
    14    (3) sex;
    15    (4) sexual orientation;
    16    (5) educational background or education level attained;
    17    (6) employment status or occupation;
    18    (7) income level;
    19    (8) consumer credit information or score;
    20    (9) ownership or interest in real property;
    21    (10) any indication of a consumer's price elasticity of demand; and
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 843--A                           2
     1    (11) any other characteristic indicating or tending  to  indicate  the
     2  socioeconomic status of an individual.
     3    (b)  It shall further be unlawful to consider the factors specified in
     4  subdivision (a) of this section to:
     5    (1) adjust any algorithm  or  equation  used  to  construct  actuarial
     6  tables or otherwise determine the cost of coverage;
     7    (2)  make  any distinction or discrimination between persons as to the
     8  premiums or rates charged for motor vehicle insurance  policies  or  the
     9  terms of coverage or in any other manner whatsoever;
    10    (3)  demand  or  require  a  greater premium from any person than such
    11  insurer requires at that time from  other  individuals  or  entities  in
    12  similar cases; or
    13    (4)  refuse to issue, renew, or sell a policy after appropriate appli-
    14  cation therefor.
    15    (c) For the purposes of this section:
    16    (1) "sex" shall include gender identity or expression; and
    17    (2) "gender identity or expression" shall have  the  same  meaning  as
    18  defined in section two hundred ninety-two of the executive law.
    19    § 2. This act shall take effect immediately.
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