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This entry was published on 2023-06-02
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Hate crimes; coverage refusal
Insurance (ISC) CHAPTER 28, ARTICLE 34
§ 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.