Question from an IIABNY member: It is my understanding that New York State requires conditional renewal notices for changes in rates, terms or conditions for New York Statutory Disability policies. Can you confirm?
Answer: That is not correct. The answer is a little bit complicated. Here is my logic:
1. The New York Disability Benefits Law is contained within Article 9 of the New York Workers' Compensation Law.
2. New York Insurance Law Section 1113 states in part,
"(a) The kinds of insurance which may be authorized in this state, subject to other provisions of this chapter, and their scope, are set forth in the following paragraphs…
(3) 'Accident and health insurance,' means (i) insurance against death or personal injury by accident or by any specified kind or kinds of accident and insurance against sickness, ailment or bodily injury, including insurance providing disability and family leave benefits pursuant to article nine of the workers' compensation law, except as specified in item (ii) hereof; and (ii) non-cancellable disability insurance, meaning insurance against disability resulting from sickness, ailment or bodily injury (but excluding insurance solely against accidental injury) under any contract which does not give the insurer the option to cancel or otherwise terminate the contract at or after one year from its effective date or renewal date."
This means that New York law considers DBL to be a type of accident and health insurance.