N.Y. Insurance Law Section 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.

Source: Section 3435-A — Motor vehicle insurance policies; New York state licensed drivers; prohibitions against refusing to issue policies or renew policies, https://www.­nysenate.­gov/legislation/laws/ISC/3435-A (updated Sep. 22, 2014; accessed Apr. 13, 2024).

3401
Insurable interest in property 3402
Executory contract not a change in interest, title or possession 3403
Anti-arson application 3404
Fire insurance contracts 3405
Fire insurance contract 3406
Copy of examination of insured to be delivered to insured 3407
Property insurance 3407–A
Property/casualty insurance contract and policy standard provisions 3408
Fire insurance 3409
Distribution of hazardous material report forms 3410
Fire insurance contract 3411
Automobile physical damage insurance covering private passenger automobiles 3412
Automobile physical damage insurance covering private passenger automobiles 3413
Standard claim forms for fire losses 3414
Reports by insurers of certain casualty loss on property owned or operated by religious organizations 3415
Supplemental claim form to be submitted for certain fire loss claims in excess of ten thousand dollars in a city with a population of one... 3420
Liability insurance 3421
Homeowners’ liability insurance 3422
Hate crimes 3425
Certain property/casualty insurance policies 3426
Commercial lines insurance 3427
Gap insurance 3428
Cancellation of insurance contracts 3429
Geographical location of risks 3429–A
Geographical location of risks in area serviced by a volunteer fire department 3430
Right of insured, agent or broker aggrieved on basis of geographical location of property or risks 3431
Immunity 3432
Immunity 3433
Termination of contracts or accounts of licensed agents or brokers 3434
Motor vehicle insurance policies 3435
Group property/casualty insurance 3435–A
Motor vehicle insurance policies 3436
Medical malpractice insurance 3436*2
Group credit unemployment insurance and individual credit unemployment insurance 3436–A
Adverse action against legal reproductive health care or gender-affirming care 3439
Reinsurance contracts excepted 3440
Insurance covering private passenger motor vehicles 3442
Credit card, debit card, or checking account group policies 3443
Workers’ compensation and employers’ liability insurance 3444
Flood insurance notice 3445
Windstorm insurance notice 3446
Product or system group insurance policies 3447
Qualification of environmental remediation insurance for tax credit 3448
Involuntary unemployment insurance policies 3449
Wireless communications equipment insurance policies 3450
Insurance for expenses incurred as a result of an act or threatened act of violence 3451
Identity theft group insurance policies 3451*2
Regulations 3452
Group property travel insurance policies 3453
Group policy for service providers listed in a commercial directory 3453*2
Self-service storage company group insurance policies 3453*3
Employer sponsored group personal excess insurance 3454
Sponsored group personal insurance 3455
Transportation network company group insurance policies 3456
Prohibition against cancellation of policy when motor vehicle is used or operated through a transportation network company program 3457
Group insurance policies for certain for hire motor vehicles 3458
Electronic notices and documents 3458*2
Group insurance for peer-to-peer car sharing programs 3459
Car share exclusions for motor vehicle insurance policies 3460
Prohibition against cancellation of policy when motor vehicle is used or operated through a peer-to-peer car sharing program 3461
Notice of claim
Green check means up to date. Up to date

Accessed:
Apr. 13, 2024

Last modified:
Sep. 22, 2014

§ 3435-A’s source at nysenate​.gov

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