§ 3435-a. Motor vehicle insurance policies; New York state licensed\ndrivers; prohibitions against refusing to issue policies or renew\npolicies. (a) Insurers shall be prohibited from refusing to issue a\nmotor vehicle liability insurance policy to any person with a valid New\nYork state driver's license which has been maintained by such person for\nat least thirty-nine months prior to the time of application for such\npolicy of insurance solely on the basis that such person has not owned\nor leased a vehicle during such period, unless such decision is based on\nsound underwriting and actuarial principles reasonably related to actual\nor anticipated loss experience. Provided, however, that an applicant\ndemonstrating a continuous, valid out-of-state or out-of-country\ndriver's license during such thirty-nine month period due to active\nservice in the United States army, navy, air force, space force or\nmarines shall be treated as if continuous licensing had been maintained\nin New York and such person shall not be rejected based solely on the\nfact that such person served in the military.\n (b) Insurers shall be prohibited from refusing to renew an existing\nmotor vehicle liability insurance policy solely upon the basis of the\nnamed insured having reached sixty years of age and shall be prohibited\nfor the purpose of policy renewal from requesting a physical examination\nor medical questionnaire solely on the basis of the named insured having\nreached sixty years of age unless such decision is based on sound\nunderwriting and actuarial principles reasonably related to actual or\nanticipated loss experience.\n (c) Insurers shall be prohibited from refusing to renew an existing\nmotor vehicle liability insurance policy solely upon the basis of the\nage of the motor vehicle to be insured unless such decision is based on\nsound underwriting and actuarial principles reasonably related to actual\nor anticipated loss experience.\n
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