Prohibits an insurer from cancelling, refusing to issue, refusing to renew, or increasing the premium of a policy solely on the basis that one or more claims have been made against any policy during the preceding sixty months for a loss that is the result of a hate crime.
STATE OF NEW YORK
________________________________________________________________________
7658--B
Cal. No. 765
IN SENATE
January 5, 2022
___________
Introduced by Sen. KAPLAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Insurance -- reported
favorably from said committee, ordered to first and second report,
ordered to a third reading, amended and ordered reprinted, retaining
its place in the order of third reading -- again amended and ordered
reprinted, retaining its place in the order of third reading
AN ACT to amend the insurance law, in relation to insurance for victims
of a hate crime
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 3114
2 to read as follows:
3 § 3114. Hate crimes; coverage refusal. (a) For purposes of this
4 section, "insured" means a current policyholder or a person or entity
5 that is covered under an insurance policy.
6 (b) This section shall apply to policies of insurance if the insured
7 or proposed insured is:
8 1. an individual;
9 2. a religious organization;
10 3. an educational organization; or
11 4. any other nonprofit organization that is organized and operated for
12 religious, charitable or educational purposes.
13 (c) An insurer issuing policies subject to this section shall not
14 cancel, refuse to issue, refuse to renew, or increase the premium of a
15 policy solely on the basis that one or more claims have been made
16 against any policy during the preceding sixty months for a loss that is
17 the result of a hate crime as defined pursuant to article four hundred
18 eighty-five of the penal law committed against the person or property
19 insured if the insured provides evidence to the insurer that the act
20 causing such loss is a result of a hate crime and that such insured was
21 not the offender of the hate crime.
22 (d) An insurer may cancel, refuse to renew, increase the premium of,
23 or change the terms or benefits of an insurance policy due to other
24 factors that are not prohibited by this section.
25 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14010-07-2
