N.Y. Insurance Law § 3435-a: Motor vehicle insurance policies; New York state licensed drivers; prohibitions against refusing to issue policies or renew policies

§ 3435-a. Motor vehicle insurance policies; New York state licensed

drivers; prohibitions against refusing to issue policies or renew

policies. (a) Insurers shall be prohibited from refusing to issue a

motor vehicle liability insurance policy to any person with a valid New

York state driver's license which has been maintained by such person for

at least thirty-nine months prior to the time of application for such

policy of insurance solely on the basis that such person has not owned

or leased a vehicle during such period, unless such decision is based on

sound underwriting and actuarial principles reasonably related to actual

or anticipated loss experience. Provided, however, that an applicant

demonstrating a continuous, valid out-of-state or out-of-country

driver's license during such thirty-nine month period due to active

service in the United States army, navy, air force, space force or

marines shall be treated as if continuous licensing had been maintained

in New York and such person shall not be rejected based solely on the

fact that such person served in the military.

(b) Insurers shall be prohibited from refusing to renew an existing

motor vehicle liability insurance policy solely upon the basis of the

named insured having reached sixty years of age and shall be prohibited

for the purpose of policy renewal from requesting a physical examination

or medical questionnaire solely on the basis of the named insured having

reached sixty years of age unless such decision is based on sound

underwriting and actuarial principles reasonably related to actual or

anticipated loss experience.

(c) Insurers shall be prohibited from refusing to renew an existing

motor vehicle liability insurance policy solely upon the basis of the

age of the motor vehicle to be insured unless such decision is based on

sound underwriting and actuarial principles reasonably related to actual

or anticipated loss experience.