senate Bill S7658B

2021-2022 Legislative Session

Relates to insurance for victims of a hate crime

download bill text pdf

Sponsored By

Current Bill Status Via A8869 - Passed Senate & Assembly


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (11)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 31, 2022 returned to assembly
passed senate
3rd reading cal.765
substituted for s7658b
May 31, 2022 substituted by a8869b
May 10, 2022 amended on third reading 7658b
May 03, 2022 amended on third reading 7658a
Apr 27, 2022 advanced to third reading
Apr 26, 2022 2nd report cal.
Apr 25, 2022 1st report cal.765
Jan 05, 2022 referred to insurance

S7658 - Details

See Assembly Version of this Bill:
A8869
Law Section:
Insurance Law
Laws Affected:
Add §3114, Ins L

S7658 - Summary

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.

S7658 - Sponsor Memo

S7658 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7658
 
                             I N  S E N A T E
 
                              January 5, 2022
                                ___________
 
 Introduced  by  Sen.  KAPLAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Insurance
 
 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:

   Section 1. The insurance law is amended by adding a new  section  3114
 to read as follows:
   §  3114.  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 RELIGIOUS ORGANIZATION;
   3. AN EDUCATIONAL ORGANIZATION; OR
   4. ANY OTHER NONPROFIT ORGANIZATION THAT IS ORGANIZED AND OPERATED FOR
 RELIGIOUS, CHARITABLE OR EDUCATIONAL PURPOSES.
   (C) AN INSURER ISSUING POLICIES SUBJECT  TO  THIS  SECTION  SHALL  NOT
 CANCEL,  REFUSE  TO ISSUE, REFUSE TO RENEW, OR INCREASE 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 AS DEFINED PURSUANT TO ARTICLE  FOUR  HUNDRED
 EIGHTY-FIVE  OF  THE  PENAL LAW COMMITTED AGAINST THE PERSON OR PROPERTY
 INSURED IF THE INSURED PROVIDES EVIDENCE TO THE  INSURER  THAT  THE  ACT
 CAUSING SUCH LOSS IS IDENTIFIED AS A HATE CRIME ON A POLICE REPORT.
   (D)  AN  INSURER MAY CANCEL, REFUSE TO RENEW, INCREASE THE PREMIUM OF,
 OR CHANGE THE TERMS OR BENEFITS OF AN  INSURANCE  POLICY  DUE  TO  OTHER
 FACTORS THAT ARE NOT PROHIBITED BY THIS SECTION.
   § 2. This act shall take effect immediately.
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14010-03-1

S7658A - Details

See Assembly Version of this Bill:
A8869
Law Section:
Insurance Law
Laws Affected:
Add §3114, Ins L

S7658A - Summary

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.

S7658A - Sponsor Memo

S7658A - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7658--A
     Cal. No. 765
 
                             I N  S E N A T E
 
                              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

 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:
 
   Section  1.  The insurance law is amended by adding a new section 3114
 to read as follows:
   § 3114. 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 RELIGIOUS ORGANIZATION;
   3. AN EDUCATIONAL ORGANIZATION; OR
   4. ANY OTHER NONPROFIT ORGANIZATION THAT IS ORGANIZED AND OPERATED FOR
 RELIGIOUS, CHARITABLE OR EDUCATIONAL PURPOSES.
   (C)  AN  INSURER  ISSUING  POLICIES  SUBJECT TO THIS SECTION SHALL NOT
 CANCEL, REFUSE TO ISSUE, REFUSE TO RENEW, OR INCREASE 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 AS DEFINED PURSUANT TO ARTICLE FOUR HUNDRED
 EIGHTY-FIVE OF THE PENAL LAW COMMITTED AGAINST THE  PERSON  OR  PROPERTY
 INSURED  IF  THE  INSURED  PROVIDES EVIDENCE TO THE INSURER THAT THE ACT
 CAUSING SUCH LOSS IS IDENTIFIED AS A HATE CRIME ON A POLICE  REPORT  AND
 THAT SUCH INSURED WAS NOT THE OFFENDER OF THE IDENTIFIED HATE CRIME.
   (D)  AN  INSURER MAY CANCEL, REFUSE TO RENEW, INCREASE THE PREMIUM OF,
 OR CHANGE THE TERMS OR BENEFITS OF AN  INSURANCE  POLICY  DUE  TO  OTHER
 FACTORS THAT ARE NOT PROHIBITED BY THIS SECTION.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

S7658B (ACTIVE) - Details

See Assembly Version of this Bill:
A8869
Law Section:
Insurance Law
Laws Affected:
Add §3114, Ins L

S7658B (ACTIVE) - Summary

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.

S7658B (ACTIVE) - Sponsor Memo

S7658B (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7658--B
     Cal. No. 765
 
                             I N  S E N A T E
 
                              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:
 
   Section 1. The insurance law is amended by adding a new  section  3114
 to read as follows:
   §  3114.  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 RELIGIOUS ORGANIZATION;
   3. AN EDUCATIONAL ORGANIZATION; OR
   4. ANY OTHER NONPROFIT ORGANIZATION THAT IS ORGANIZED AND OPERATED FOR
 RELIGIOUS, CHARITABLE OR EDUCATIONAL PURPOSES.
   (C) AN INSURER ISSUING POLICIES SUBJECT  TO  THIS  SECTION  SHALL  NOT
 CANCEL,  REFUSE  TO ISSUE, REFUSE TO RENEW, OR INCREASE 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 AS DEFINED PURSUANT TO ARTICLE  FOUR  HUNDRED
 EIGHTY-FIVE  OF  THE  PENAL LAW COMMITTED AGAINST THE PERSON OR PROPERTY
 INSURED IF THE INSURED PROVIDES EVIDENCE TO THE  INSURER  THAT  THE  ACT
 CAUSING  SUCH LOSS IS A RESULT OF A HATE CRIME AND THAT SUCH INSURED WAS
 NOT THE OFFENDER OF THE HATE CRIME.
   (D) AN INSURER MAY CANCEL, REFUSE TO RENEW, INCREASE THE  PREMIUM  OF,
 OR  CHANGE  THE  TERMS  OR  BENEFITS OF AN INSURANCE POLICY DUE TO OTHER
 FACTORS THAT ARE NOT PROHIBITED BY THIS SECTION.
   § 2. This act shall take effect immediately.
 

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