S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    795
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2023
                                ___________
 
 Introduced by M. of A. HUNTER -- read once and referred to the Committee
   on Insurance
 
 AN ACT to amend the insurance law, in relation to prohibiting automobile
   insurers  from refusing to issue or renew an individual's policy based
   on such individual's credit history
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subsections  (c), (d), (f) and (g) of section 2801 of the
 insurance law, as added by chapter 215 of the laws of 2004, are  amended
 and a new subsection (j) is added to read as follows:
   (c) "Applicant" shall mean an individual who has applied to be covered
 by a personal lines insurance policy OR AUTOMOBILE INSURANCE POLICY with
 an insurer.
   (d)  "Consumer" shall mean an insured whose credit information is used
 or whose insurance score is calculated in the underwriting or rating  of
 a  personal lines insurance policy OR AUTOMOBILE INSURANCE POLICY, or an
 applicant for such a policy.
   (f) "Credit information" shall  mean  any  credit-related  information
 derived  from  a  credit  report,  found  on  a credit report itself, or
 provided on an application for personal lines  insurance  OR  AUTOMOBILE
 INSURANCE.  Information  that is not credit-related shall not be consid-
 ered "credit information", regardless of whether it is  contained  in  a
 credit report or in an application, or is used to calculate an insurance
 score.
   (g)  "Credit  report"  shall mean any written, oral, or other communi-
 cation of information by  a  consumer  reporting  agency  bearing  on  a
 consumer's  credit  worthiness, credit standing or credit capacity which
 is used or expected to be used or collected in whole or in part for  the
 purpose  of  serving  as  a factor to determine personal lines insurance
 premiums, AUTOMOBILE INSURANCE PREMIUMS, eligibility  for  coverage,  or
 tier placement.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03373-01-3
              

 A. 795                              2
 
   (J)  "AUTOMOBILE INSURANCE" SHALL MEAN A CONTRACT OF INSURANCE, ISSUED
 OR ISSUED FOR DELIVERY IN THIS STATE, ON A RISK LOCATED OR  RESIDENT  IN
 THIS  STATE,  INSURING  AGAINST LOSSES OR LIABILITIES ARISING OUT OF THE
 OWNERSHIP, OPERATION, OR USE OF A MOTOR VEHICLE, PREDOMINANTLY USED  FOR
 NON-BUSINESS  PURPOSES, WHEN A NATURAL PERSON IS THE NAMED INSURED UNDER
 THE POLICY OF AUTOMOBILE INSURANCE; PROVIDED, HOWEVER, THAT THE  USE  OR
 OPERATION  OF  THE MOTOR VEHICLE BY A TRANSPORTATION NETWORK DRIVER AS A
 TNC VEHICLE IN ACCORDANCE WITH ARTICLE FORTY-FOUR-B OF THE  VEHICLE  AND
 TRAFFIC LAW SHALL NOT BE INCLUDED IN DETERMINING WHETHER THE MOTOR VEHI-
 CLE IS BEING USED PREDOMINANTLY FOR NON-BUSINESS PURPOSES.
   §  2.  The  insurance law is amended by adding a new section 2802-a to
 read as follows:
   § 2802-A. USE OF CREDIT INFORMATION; AUTOMOBILE INSURANCE. (A)  INSUR-
 ERS  SHALL  BE PROHIBITED FROM REFUSING TO ISSUE AN AUTOMOBILE INSURANCE
 POLICY TO ANY APPLICANT SOLELY ON THE BASIS OF SUCH  APPLICANT'S  CREDIT
 INFORMATION.
   (B)  INSURERS  SHALL  BE PROHIBITED FROM REFUSING TO RENEW AN EXISTING
 AUTOMOBILE INSURANCE POLICY SOLELY UPON THE BASIS OF THE NAMED INSURED'S
 CREDIT INFORMATION AND SHALL BE PROHIBITED FOR  THE  PURPOSE  OF  POLICY
 RENEWAL FROM REQUESTING SUCH NAMED INSURED'S CREDIT INFORMATION OR CRED-
 IT REPORT FROM A CONSUMER REPORTING AGENCY.
   § 3. This act shall take effect immediately.