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POLAN v. STATE INS. DEPT.

3 N.Y.3d 54 (2004)

814 N.E.2d 789

781 N.Y.S.2d 482

In the Matter of CHARLENE POLAN, Appellant, v. STATE OF NEW YORK INSURANCE DEPARTMENT, Respondent.

Court of Appeals of the State of New York.

Decided July 1, 2004.

Attorney(s) appearing for the Case

Stein & Schonfeld, Garden City (Robert L. Schonfeld and Seth P. Stein of counsel), for appellant.

Eliot Spitzer, Attorney General, New York City (David Lawrence III and Michael S. Belohlavek of counsel), for respondent.

New York Lawyers for the Public Interest, Inc., New York City (Marianne Engelman Lado, Pauline H. Yoo, James George Felakos and Janet L. Steinman of counsel), for Association of the Bar of the City of New York, amicus curiae.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO and R.S. SMITH concur.

OPINION OF THE COURT

READ, J.

Insurance Law § 4224 (b) (2) prohibits an insurer from limiting the coverage available to an individual on account of a physical or mental disability unless permitted by law or regulation and statistically or empirically justified. We are asked to decide whether a long-term disability plan open to both disabled and nondisabled employees on the same terms violates this provision ...

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