Assembly Bill A8869B

2021-2022 Legislative Session

Relates to insurance for victims of a hate crime

download bill text pdf

Sponsored By

Archive: Last Bill Status - Passed Senate & Assembly

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2021-A8869 - Details

See Senate Version of this Bill:
S7658
Law Section:
Insurance Law
Laws Affected:
Add §3114, Ins L

2021-A8869 - 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.

2021-A8869 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8869
 
                           I N  A S S E M B L Y
 
                             January 19, 2022
                                ___________
 
 Introduced  by  M.  of  A.  EICHENSTEIN -- read once and referred 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

2021-A8869A - Details

See Senate Version of this Bill:
S7658
Law Section:
Insurance Law
Laws Affected:
Add §3114, Ins L

2021-A8869A - 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.

2021-A8869A - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8869--A
 
                           I N  A S S E M B L Y
 
                             January 19, 2022
                                ___________
 
 Introduced  by  M.  of  A.  EICHENSTEIN -- read once and referred to the
   Committee on Insurance -- committee discharged, bill amended,  ordered
   reprinted as amended and recommitted to said committee
 
 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
                       [ ] is old law to be omitted.
                                                            LBD14010-04-2

co-Sponsors

2021-A8869B (ACTIVE) - Details

See Senate Version of this Bill:
S7658
Law Section:
Insurance Law
Laws Affected:
Add §3114, Ins L

2021-A8869B (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.

2021-A8869B (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8869--B
                                                         Cal. No. 619
 
                           I N  A S S E M B L Y
 
                             January 19, 2022
                                ___________
 
 Introduced  by  M.  of  A.  EICHENSTEIN -- read once and referred to the
   Committee on Insurance -- committee discharged, bill amended,  ordered
   reprinted  as  amended  and  recommitted to said committee -- reported
   from committee, advanced to  a  third  reading,  amended  and  ordered
   reprinted, retaining its place on 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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