§ 2606 — Discrimination because of race, color, creed, national origin, or disability

New York § 2606

• Jurisdiction: New York
• Law ISC: Insurance
• Art. 26: Unfair Claim Settlement Practices; Other Misconduct; Discrimination

Text

§ 2606. Discrimination because of race, color, creed, national origin,\nor disability. (a) Except as provided in section one thousand one\nhundred eight of this chapter, no individual or entity subject to the\nsupervision of the superintendent shall because of race, color, creed,\nnational origin, or disability:\n (1) Make any distinction or discrimination between persons as to the\npremiums or rates charged for insurance policies or in any other manner\nwhatever.\n (2) Demand or require a greater premium from any persons than it\nrequires at that time from others in similar cases.\n (3) Make or require any rebate, discrimination or discount upon the\namount to be paid or the service to be rendered on any policy.\n (4) Insert in the policy any condition, or make any stipulation,\nwhereby the insured binds themselves, or their heirs, executors,\nadministrators or assigns, to accept any sum or service less than the\nfull value or amount of such policy in case of a claim thereon except\nsuch conditions and stipulations as are imposed upon others in similar\ncases; and any such stipulation or condition so made or inserted shall\nbe void.\n (b) Except as provided in section one thousand one hundred eight of\nthis chapter, no individual or entity subject to the superintendent's\nsupervision shall solely because of the applicant's race, color, creed,\nnational origin, or disability:\n (1) Reject any application for a policy of insurance issued and/or\nsold by it.\n (2) Refuse to issue, renew or sell such policy after appropriate\napplication therefor.\n (3) Fix any lower rate or discriminate in the fees or commissions of\nagents or brokers for writing or renewing such a policy.\n (c) For the purposes of this section "disability" shall have the same\nmeaning as ascribed thereto in subdivision twenty-one of section two\nhundred ninety-two of the executive law.\n (d) The prohibition of subsection (a) of this section shall not\npreclude an insurer from including a pre-existing condition provision as\npermitted pursuant to regulations of the superintendent or from\nestablishing selection criteria on the basis of disability where the\ninsurer can prove that its decision was based on sound underwriting and\nactuarial principles reasonably related to actual or anticipated loss\nexperience. In such case the selection criteria permitted must be based\non such principles. The insurer shall notify the insured of its specific\nreason or reasons for such decision.\n (e) If it can be proven that the provisions of subsection (d) of this\nsection are inadequate to address such actual or anticipated loss\nexperience, the prohibition of subsection (b) of this section shall not\npreclude an insurer from establishing selection criteria on the basis of\ndisability. In such case the selection criteria permitted must be based\non such principles. The insurer shall notify the insured of its specific\nreason or reasons for such decision.\n (f) Nothing in this section shall permit an insurer to include a\npre-existing condition provision or establish selection criteria for\nindividual and small group health insurance policies which are\ninconsistent with sections three thousand two hundred thirty-one, three\nthousand two hundred thirty-two, four thousand three hundred seventeen\nand four thousand three hundred eighteen of this chapter.\n