Prohibits insurance discrimination on the basis of an insured's marital status following the death of the insured's spouse
Summary
A10279 amends New York Insurance Law section 2607 to expand the state’s anti-discrimination rules for insurance underwriting and renewal. The bill already bars insurers from refusing to issue, canceling, or declining to renew a policy because of sex or marital status; this measure adds a specific prohibition on treating a policyholder less favorably because they are widowed or because their marital status reflects the death of a spouse.
The bill applies to any type of insurance coverage, including property, casualty, homeowners, renters, and automobile insurance. Under the new language, insurers may not refuse to continue coverage, limit coverage, raise premiums, or impose less favorable renewal terms solely because an applicant or policyholder has lost a spouse. The bill also retains the existing definition of “sex” to include sexual orientation, gender identity or expression, and transgender status. It takes effect on the first of January after enactment and applies to policies issued, delivered, renewed, or modified on or after that date.
Impact
This bill would directly amend the Insurance Law by adding widowed status, or marital status reflecting the death of a spouse, as a protected category in insurance practices. It would constrain insurers’ underwriting and renewal decisions across multiple lines of personal insurance, preventing premium increases or coverage restrictions based solely on widowhood. The practical effect is to extend consumer protections to surviving spouses and to clarify that a change in marital status caused by death cannot be used as a basis for adverse insurance treatment.
Sentiment
The available legislative history shows strong and unanimous support. The Assembly Insurance Committee reported the bill favorably by a 25-0 vote, and the Assembly passed it 135-0 on final passage. The bill later passed the Senate, indicating broad bipartisan acceptance and little visible opposition in the recorded votes.
Contention
No committee transcript is available, and the recorded votes show no opposition, so there is little evidence of active controversy in the legislative record provided. The main policy issue implicit in the bill is whether insurers should be barred from using widowhood as a rating or renewal factor; the bill answers that question in favor of consumer protection. Any potential concern would likely come from insurers regarding underwriting flexibility, but no such objection appears in the available materials.