New York Senate Bill S05267

New York 2025-2026 Regular Session

• Introduced: 2/20/25
• Refer: 2/20/25
• Refer: 1/7/26

Caption

Prohibits property/casualty insurers from discriminating based on race, color, creed, national origin, disability, age, marital status, sex, sexual orientation, education background or educational level attained, employment status or occupation, income level, consumer credit information or score, ownership or interest in real property, location, type of residence, including but not limited to single-family home, multi-family home, apartment, housing subsidized by state and/or federal programs, or any other residence type, or any indication of a consumer's price elasticity of demand.

Summary

Bill S05267 aims to amend the New York insurance law to prohibit property and casualty insurers from discriminating against individuals based on a wide range of factors, including race, color, creed, national origin, disability, age, marital status, sex, sexual orientation, educational background, employment status, income level, and more. The bill specifically prohibits insurers from making distinctions in premiums, rates, or policy conditions based on these characteristics, ensuring that all individuals have equal access to insurance products without bias. The bill also introduces a new subsection that explicitly forbids insurers from using the specified factors to adjust algorithms or actuarial tables that determine coverage costs. This aims to promote fairness in the insurance market and prevent discriminatory practices that could lead to higher costs or denial of coverage for certain groups. By expanding the list of protected characteristics, the bill seeks to create a more equitable insurance landscape in New York State. If enacted, this legislation would significantly impact state laws governing insurance practices, reinforcing anti-discrimination measures and potentially leading to changes in how insurers assess risk and set premiums. It could also prompt insurers to review their current policies and practices to ensure compliance with the new regulations, potentially affecting their operational procedures and pricing strategies. The sentiment surrounding the bill appears to be supportive, as it aligns with broader efforts to combat discrimination and promote equality in various sectors. However, there may be concerns from the insurance industry regarding the implications of restricting their ability to use certain data in underwriting processes. Overall, the bill reflects a growing recognition of the need for inclusivity and fairness in the insurance market.

Impact

The bill's enactment would amend the New York insurance law to include additional protections against discrimination in the insurance sector. It would affect how insurers evaluate applications, set premiums, and determine coverage terms, ensuring that individuals are not unfairly penalized based on characteristics unrelated to their risk profile. This could lead to a more equitable insurance market, but may also require insurers to adapt their business models to comply with the new regulations.

Sentiment

The general sentiment around Bill S05267 is positive, reflecting a commitment to anti-discrimination and equality in insurance practices. Supporters argue that the bill is necessary to protect vulnerable populations from unfair treatment in the insurance market. However, there are concerns from some industry stakeholders about the potential operational challenges and financial implications of the proposed changes.

Contention

Notable points of contention may arise from the insurance industry, which could argue that the bill limits their ability to assess risk accurately and could lead to increased costs for all consumers. There may also be debates regarding the balance between protecting consumers from discrimination and allowing insurers the flexibility to use data in underwriting processes. Advocates for the bill emphasize the need for fairness, while opponents may focus on the potential economic impacts.