§ 2612. Discrimination based on being a victim of domestic violence.\n(a) No individual, insurer or entity subject to the supervision of the\nsuperintendent shall solely because a person is or has been a victim of\ndomestic violence:\n (1) refuse to issue or renew, deny or cancel any insurance policy or\ncontract;\n (2) demand or require a greater premium or payment from any person;\n (3) designate domestic violence as a preexisting condition, for which\ncoverage will be denied or reduced;\n (4) fix any lower rate or discriminate in the fees or commissions of\nagents or brokers for writing or renewing such a policy.\n (b) The fact that a person is or has been a victim of domestic\nviolence is not a permitted underwriting criterion.\n (c) For the purposes of this section, the following terms shall be\ndefined as:\n (1) "victim of domestic violence" shall be as defined by subdivision\none of section four hundred fifty-nine-a of the social services law.\n (2) "insurer" shall mean an insurer, a corporation organized pursuant\nto article forty-three of this chapter, a municipal cooperative health\nbenefit plan established pursuant to article forty-seven of this\nchapter, a health maintenance organization certified pursuant to article\nforty-four of the public health law or a provider issued a special\ncertificate of authority pursuant to section four thousand four hundred\nthree-a of such law, or an agent, representative or designee thereof\nregulated pursuant to this chapter.\n (3) "policy" shall mean a policy of insurance issued pursuant to this\nchapter, a child health insurance plan issued pursuant to title one-A of\narticle twenty-five of the public health law or medical assistance or\nhealth care services provided pursuant to title eleven or eleven-D of\narticle five of the social services law.\n (d) The prohibitions contained in subsection (a) of this section shall\nnot preclude an insurer from taking any of the actions described in\nsubsection (a) of this section so long as such insurer relies on\nunderwriting criteria reasonably related to the physical or mental\ncondition of a person, their property or claim history and the decision\nwas based on sound underwriting and actuarial principles reasonably\nrelated to actual or anticipated loss experience. In such case the\nselection criteria permitted must be based on such principles. The\ninsurer shall notify the insured of its specific reason or reasons for\nsuch decision.\n (e) An insurer that complies with subsections (a), (f) and (g) of this\nsection and acts reasonably and in good faith shall not be subject to\ncivil or criminal liability on account of compliance with such\nsubsections.\n (f) If any person covered by an insurance policy issued to another\nperson as the policyholder delivers to the insurer that issued the\npolicy, at its home office, a valid order of protection against the\npolicyholder, issued by a court of competent jurisdiction in this state,\nor, except where the insurance policy was issued by a health insurer as\ndefined in subparagraph (B) of paragraph (1) of subsection (h) of this\nsection, a request to designate an alternative mailing address,\ntelephone number or method of contact for the purpose of receiving claim\nrelated information if the person states that disclosure of all or part\nof the claim related information could endanger the person, the insurer\nshall be prohibited for the duration of the order, or until the request\ndesignating an alternative mailing address, telephone number or other\nmethod of contact is cancelled by the requesting person in writing, from\ndisclosing to the policyholder the address, telephone number or other\nmethod of contact for the insured, or for any person or entity providing\ncovered services to the insured, any personally identifying information\nof the insured, or the nature of the covered services provided to the\ninsured, or from mailing, delivering, or otherwise providing claim\nrelated inf
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