New York S 9537: Relates to motor vehicle insurance fairness; repealer

Bill Text

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S09537 Summary:

BILL NOS09537 

&nbsp

SAME ASSAME AS A10524-A

&nbsp

SPONSORBASKIN

&nbsp

COSPNSRBYNOE, CLEARE, COMRIE, HARCKHAM, LIU, MARTINEZ, MYRIE, PARKER, RAMOS, SALAZAR

&nbsp

MLTSPNSR

&nbsp

Rpld & add §2331, Ins L

&nbsp

Relates to motor vehicle insurance fairness; provides that insurance rates shall not be increased based on certain factors; sets forth processes for motor vehicle insurers to have rate increases approved; allows public access in relation to any proposed insurance rate increases; allows members of the public to request permission to intervene in proceedings related to rate increases; directs rules and regulations to be established.

Go to top S09537 Actions:

BILL NOS09537 

&nbsp

03/20/2026REFERRED TO INSURANCE

Go to topS09537 Committee&nbspVotes:

Go to topS09537 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS09537 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 9537

 IN SENATE

 March 20, 2026
 ___________

 Introduced by Sen. BASKIN -- 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 motor vehicle insur-
 ance fairness; and to repeal section 2331 of the insurance law relat-
 ing to motor vehicle insurance rates based on age, sex or marital
 status

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Section 2331 of the insurance law is REPEALED and a new
 2 section 2331 is added to read as follows:
 3 § 2331. Motor vehicle insurance fairness. (a) Definition. For purposes
 4 of this section, the term "proceeding" shall mean the filing of any
 5 rate, rating plan, rating rule or rating manual and any rulemaking
 6 conducted pursuant to this section.
 7 (b) Prohibitions; refusal to insure. (1) No insurer shall refuse to
 8 issue or renew a policy or contract of motor vehicle insurance based in
 9 whole or in part on any of the prohibited underwriting and rating
 10 factors set forth in subsection (c) of this section, or use such factors
 11 to determine the terms of coverage or placement in a particular affil-
 12 iate within an insurance company group.
 13 (2) Any schedule of rates, rating plan, rating rule, rating manual or
 14 any other method of establishing the premium to be paid by a motor vehi-
 15 cle insurance policyholder or covered driver, and the modification ther-
 16 eof, based in whole or in part on any of the prohibited underwriting and
 17 rating factors set forth in subsection (c) of this section shall be
 18 deemed unfairly discriminatory.
 19 (c) Prohibited factors. No filing of a rate, rating plan, rating rule
 20 or rate manual applicable to motor vehicle insurance shall be approved
 21 by the superintendent if the filing is based, in whole or in part, on
 22 the following factors:
 23 (1) any criteria protected under section two hundred ninety-six of the
 24 executive law;
 25 (2) age, except as provided for under subsection (d) of this section;

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD14984-04-6

 S. 9537 2

 1 (3) employment or occupation, except as it pertains to whether a vehi-
 2 cle is being used for a business purpose and the nature of such use;
 3 (4) education level attained;
 4 (5) home ownership or property value;
 5 (6) consumer credit information or any other credit-based score;
 6 (7) the absence of prior insurance;
 7 (8) the amount or provider of prior insurance coverage;
 8 (9) any measure of a consumer's price elasticity of demand;
 9 (10) the zip code, or any territorial designation geographically smal-
 10 ler than a zip code, in which the policyholder resides, except as it
 11 pertains to the rate of auto-related crimes, such as theft and vandal-
 12 ism, or accident rates in such zip code or territorial designation;
 13 (11) any data related to a consumer used to justify a rate increase
 14 where such data is more than two years old; or
 15 (12) the level of income or wealth.
 16 (d) Years of driving experience. Notwithstanding paragraph two of
 17 subsection (c) of this section, an insurer may consider the number of
 18 years of driving experience of an app