2023 New York Laws › ISC - Insurance › Article 26 - Unfair Claim Settlement Practices; Other Misconduct; Discrimination › 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.