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July 1, 2004
 Court of
Appeals: In the Matter of Charlene Polan, Appellant, v. State of
New York Insurance Department, Respondent
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 by failing to
afford equivalent coverage for mental and physical disabilities.
For the reasons that follow, we conclude that it does not.
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