NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A795
SPONSOR: Hunter TITLE OF BILL:
An act to amend the insurance law, in relation to prohibiting automobile
insurers from refusing to issue or renew an individual's policy based on
such individual's credit history
SUMMARY OF PROVISIONS:
Section 1: Definitions.
Section 2: Provides that insurers cannot refuse to issue an automobile
insurance policy to an applicant solely on the basis of such applicant's
credit information. Nor can an insurer's decision to renew an existing
automobile insurance policy be based solely on the insured's credit
information. Furthermore, when determining whether to renew an existing
automobile insurance policy, an insurer cannot request the insured's
credit information or credit report from a consumer reporting agency.
Section 3: Sets the effective date.
JUSTIFICATION:
Currently, New York State permits credit information to be a reason for
denial or non-renewal by an automobile insurer. However, an automobile
insurance applicant's credit information is a socio-economic factor that
has nothing to do with the applicant's driving ability. Many studies
have demonstrated that the usage of credit information in an application
for automobile insurance can have a disproportionate effect on minori-
ties and low-income individuals that have otherwise clean driving
records. This Bill seeks to limit the affect that an individual's cred-
it history can have on an application for automobile insurance. If
adopted, an individual's credit history cannot be the sole reason for
the issuance, renewal, or denial of an automobile insurance policy. And
during the renewal process, an insurer cannot request an individual's
credit information or credit report from a consumer reporting agency.
FISCAL IMPACT ON THE STATE:
To be determined.
LEGISLATIVE HISTORY:
2021-22: A7371
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
795
2023-2024 Regular Sessions
IN ASSEMBLY
January 11, 2023
___________
Introduced by M. of A. HUNTER -- read once and referred to the Committee
on Insurance
AN ACT to amend the insurance law, in relation to prohibiting automobile
insurers from refusing to issue or renew an individual's policy based
on such individual's credit history
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subsections (c), (d), (f) and (g) of section 2801 of the
2 insurance law, as added by chapter 215 of the laws of 2004, are amended
3 and a new subsection (j) is added to read as follows:
4 (c) "Applicant" shall mean an individual who has applied to be covered
5 by a personal lines insurance policy or automobile insurance policy with
6 an insurer.
7 (d) "Consumer" shall mean an insured whose credit information is used
8 or whose insurance score is calculated in the underwriting or rating of
9 a personal lines insurance policy or automobile insurance policy, or an
10 applicant for such a policy.
11 (f) "Credit information" shall mean any credit-related information
12 derived from a credit report, found on a credit report itself, or
13 provided on an application for personal lines insurance or automobile
14 insurance. Information that is not credit-related shall not be consid-
15 ered "credit information", regardless of whether it is contained in a
16 credit report or in an application, or is used to calculate an insurance
17 score.
18 (g) "Credit report" shall mean any written, oral, or other communi-
19 cation of information by a consumer reporting agency bearing on a
20 consumer's credit worthiness, credit standing or credit capacity which
21 is used or expected to be used or collected in whole or in part for the
22 purpose of serving as a factor to determine personal lines insurance
23 premiums, automobile insurance premiums, eligibility for coverage, or
24 tier placement.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03373-01-3
A. 795 2
1 (j) "Automobile insurance" shall mean a contract of insurance, issued
2 or issued for delivery in this state, on a risk located or resident in
3 this state, insuring against losses or liabilities arising out of the
4 ownership, operation, or use of a motor vehicle, predominantly used for
5 non-business purposes, when a natural person is the named insured under
6 the policy of automobile insurance; provided, however, that the use or
7 operation of the motor vehicle by a transportation network driver as a
8 TNC vehicle in accordance with article forty-four-B of the vehicle and
9 traffic law shall not be included in determining whether the motor vehi-
10 cle is being used predominantly for non-business purposes.
11 § 2. The insurance law is amended by adding a new section 2802-a to
12 read as follows:
13 § 2802-a. Use of credit information; automobile insurance. (a) Insur-
14 ers shall be prohibited from refusing to issue an automobile insurance
15 policy to any applicant solely on the basis of such applicant's credit
16 information.
17 (b) Insurers shall be prohibited from refusing to renew an existing
18 automobile insurance policy solely upon the basis of the named insured's
19 credit information and shall be prohibited for the purpose of policy
20 renewal from requesting such named insured's credit information or cred-
21 it report from a consumer reporting agency.
22 § 3. This act shall take effect immediately.
