Section 3435-A. Motor vehicle insurance policies; New York state licensed drivers; prohibitions against refusing to issue policies or renew policies  


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  • (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.