Bill Text: NY A05638 | 2013-2014 | General Assembly | Introduced

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Bill Title: Prohibits insurers from cancelling life insurance policies based on a medical condition that was disclosed in the application for insurance.

Spectrum: Partisan Bill (Democrat 12-0)

Status: (Introduced - Dead) 2014-01-08 - referred to insurance [A05638 Detail]

Download: New_York-2013-A05638-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5638
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                     March 4, 2013
                                      ___________
       Introduced  by M. of A. COOK, MILLMAN, DINOWITZ, CASTRO, CRESPO, JAFFEE,
         STEVENSON, COLTON, ROBINSON, WEPRIN, HOOPER -- Multi-Sponsored  by  --
         M.  of  A.  ARROYO, AUBRY, WEISENBERG -- read once and referred to the
         Committee on Insurance
       AN ACT to amend the insurance law, in relation to  the  cancellation  of
         life insurance policies
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1.  The insurance law is amended by adding a new section  3240
    2  to read as follows:
    3    S  3240.  CANCELLATION OF LIFE INSURANCE POLICIES. NOTWITHSTANDING ANY
    4  PROVISION OF LAW TO THE CONTRARY, ANY PERSON WHO MAKES APPLICATION FOR A
    5  POLICY OF LIFE INSURANCE ISSUED UNDER THE  PROVISIONS  OF  THIS  CHAPTER
    6  SHALL  SUBMIT  TO THE INSURER OR AN AGENT OF THE INSURER, AT THE TIME OF
    7  SUCH APPLICATION, A STATEMENT FROM  A  PHYSICIAN  LICENSED  TO  PRACTICE
    8  MEDICINE  UNDER  THE  LAWS OF THIS STATE, OR THE MEDICAL RECORDS OF SUCH
    9  PERSON, WHICH CONTAIN THE MEDICAL HISTORY OF SUCH PERSON. IF THE INSURER
   10  OR HIS AGENT ACCEPTS AN APPLICATION FROM A PERSON WHO HAS PROVIDED  SUCH
   11  A  STATEMENT  OR SUCH MEDICAL RECORDS, THEN THE INSURER AND/OR HIS AGENT
   12  SHALL BE PROHIBITED FROM  SUBSEQUENTLY  REJECTING  SUCH  APPLICATION  OR
   13  CANCELLING  ANY  POLICY  ISSUED  ON  THE  GROUNDS THAT THE INSURED HAS A
   14  CERTAIN MEDICAL CONDITION PROVIDED THAT SUCH CONDITION WAS DISCLOSED  IN
   15  THE STATEMENT OR MEDICAL RECORDS SUBMITTED.
   16    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06620-01-3