Text of NY S 5267 (2026)

STATE OF NEW YORK ________________________________________________________________________ 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.