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2022 New York Laws
ISC - Insurance
Article 34 - Insurance Contracts-Property/casualty
3422 - Hate Crimes; Coverage Refusal.

Universal Citation: NY Ins L § 3422 (2022)
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§  3422.  Hate  crimes;  coverage  refusal.  (a)  For purposes of this
section, "insured" means a current policyholder or a  person  or  entity
that is covered under an insurance policy.
  (b)  This  section shall apply to policies of insurance if the insured
or proposed insured is:
  (1) an individual;
  (2) a business entity that is independently  owned  and  operated  and
employs one hundred or fewer individuals;
  (3) a religious organization;
  (4) an educational organization; or
  (5)  any  other  nonprofit organization that is organized and operated
for religious, charitable or educational purposes.
  (c) An insurer that issues or delivers a policy in  this  state  shall
not cancel, refuse to issue, refuse to renew, or increase the premium of
a  policy  or  exclude,  limit,  restrict, or reduce coverage under such
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, as defined pursuant to article four  hundred
eighty-five  of  the penal law, committed against the person or property
insured if the named insured provides evidence to the insurer  that  the
act  causing  such  loss is a result of a hate crime and that an insured
was not the perpetrator of the hate crime.
  (d) Nothing in this section shall prohibit an insurer from  canceling,
refusing  to  renew,  increasing  the  premium of an insurance policy or
excluding, limiting, restricting, or reducing coverage under such policy
due to other factors that are permitted by any  other  section  of  this
chapter,  including  the factors set forth in section two thousand three
hundred three of this chapter.
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