N.Y. Insurance Law § 2606: Discrimination because of race, color, creed, national origin, or disability

§ 2606. Discrimination because of race, color, creed, national origin,

or disability. (a) Except as provided in section one thousand one

hundred eight of this chapter, no individual or entity subject to the

supervision of the superintendent shall because of race, color, creed,

national origin, or disability:

(1) Make any distinction or discrimination between persons as to the

premiums or rates charged for insurance policies or in any other manner

whatever.

(2) Demand or require a greater premium from any persons than it

requires at that time from others in similar cases.

(3) Make or require any rebate, discrimination or discount upon the

amount to be paid or the service to be rendered on any policy.

(4) Insert in the policy any condition, or make any stipulation,

whereby the insured binds themselves, or their heirs, executors,

administrators or assigns, to accept any sum or service less than the

full value or amount of such policy in case of a claim thereon except

such conditions and stipulations as are imposed upon others in similar

cases; and any such stipulation or condition so made or inserted shall

be void.

(b) Except as provided in section one thousand one hundred eight of

this chapter, no individual or entity subject to the superintendent's

supervision shall solely because of the applicant's race, color, creed,

national origin, or disability:

(1) Reject any application for a policy of insurance issued and/or

sold by it.

(2) Refuse to issue, renew or sell such policy after appropriate

application therefor.

(3) Fix any lower rate or discriminate in the fees or commissions of

agents or brokers for writing or renewing such a policy.

(c) For the purposes of this section "disability" shall have the same

meaning as ascribed thereto in subdivision twenty-one of section two

hundred ninety-two of the executive law.

(d) The prohibition of subsection (a) of this section shall not

preclude an insurer from including a pre-existing condition provision as

permitted pursuant to regulations of the superintendent or from

establishing selection criteria on the basis of disability where the

insurer can prove that its decision was based on sound underwriting and

actuarial principles reasonably related to actual or anticipated loss

experience. In such case the selection criteria permitted must be based

on such principles. The insurer shall notify the insured of its specific

reason or reasons for such decision.

(e) If it can be proven that the provisions of subsection (d) of this

section are inadequate to address such actual or anticipated loss

experience, the prohibition of subsection (b) of this section shall not

preclude an insurer from establishing selection criteria on the basis of

disability. In such case the selection criteria permitted must be based

on such principles. The insurer shall notify the insured of its specific

reason or reasons for such decision.

(f) Nothing in this section shall permit an insurer to include a

pre-existing condition provision or establish selection criteria for

individual and small group health insurance policies which are

inconsistent with sections three thousand two hundred thirty-one, three

thousand two hundred thirty-two, four thousand three hundred seventeen

and four thousand three hundred eighteen of this chapter.