§ 3435-a. Motor vehicle insurance policies; New York state licensed
drivers; prohibitions against refusing to issue policies or renew
policies. (a) Insurers shall be prohibited from refusing to issue a
motor vehicle liability insurance policy to any person with a valid New
York state driver's license which has been maintained by such person for
at least thirty-nine months prior to the time of application for such
policy of insurance solely on the basis that such person has not owned
or leased a vehicle during such period, unless such decision is based on
sound underwriting and actuarial principles reasonably related to actual
or anticipated loss experience. Provided, however, that an applicant
demonstrating a continuous, valid out-of-state or out-of-country
driver's license during such thirty-nine month period due to active
service in the United States army, navy, air force, or marines shall be
treated as if continuous licensing had been maintained in New York and
such person shall not be rejected based solely on the fact that he or
she served in the military.

(b) Insurers shall be prohibited from refusing to renew an existing
motor vehicle liability insurance policy solely upon the basis of the
named insured having reached sixty years of age and shall be prohibited
for the purpose of policy renewal from requesting a physical examination
or medical questionnaire solely on the basis of the named insured having
reached sixty years of age unless such decision is based on sound
underwriting and actuarial principles reasonably related to actual or
anticipated loss experience.

(c) Insurers shall be prohibited from refusing to renew an existing
motor vehicle liability insurance policy solely upon the basis of the
age of the motor vehicle to be insured unless such decision is based on
sound underwriting and actuarial principles reasonably related to actual
or anticipated loss experience.