Polan v. STATE INS. DEPT.
Charlene Polan, suffering from a chronic psychiatric disability, challenged her insurer's 24-month limitation on long-term disability benefits for mental disorders, while physical disabilities were covered until age 65. She argued this violated Insurance Law § 4224 (b) (2), which prohibits insurers from limiting coverage solely due to disability without actuarial justification. After the New York State Insurance Department rejected her complaint, Polan initiated a CPLR article 78 proceeding. Both the Supreme Court and Appellate Division denied her petition, concluding that § 4224 (b) (2) does not mandate equal benefits for mental and physical disabilities. The Court of Appeals affirmed, interpreting the statute to prohibit discrimination against an individual based on their disability, not to require parity of benefits across different types of disabilities for all insureds.