New York State Assembly

 
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A08869 Summary:

A08869 Actions:

A08869 Committee Votes:

Committee:INSURANCE   Chair:Cahill      
DATE:05/04/2022AYE/NAY:24/0  Action: Favorable         
Cahill
Aye
Blankenbush
Aye
Cook
Aye
Hawley
Aye
Pretlow
Aye
Byrne
Aye
Rivera
Aye
Schmitt
Aye
Cymbrowitz
Aye
Palmesano
Aye
Lavine
Aye
DiPietro
Aye
Steck
Excused
Gandolfo
Aye
Dilan
Aye
Hunter
Aye
Niou
Aye
Rosenthal
Aye
Stern
Aye
McDonald
Aye
Jacobson
Aye
Williams
Aye
Meeks
Aye
Forrest
Aye
Anderson
Aye

A08869 Floor Votes:

A08869 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A8869B
 
SPONSOR: Eichenstein

 
TITLE OF BILL:
 
An act to amend the insurance law, in relation to insurance for victims
of a hate crime
 
 
PURPOSE OR GENERAL IDEA OF BILL:
 
This legislation would prohibit the cancellation or increase in cost of
an insurance policy for the reason the individual was the victim of a
hate crime.
 
 
SUMMARY OF PROVISIONS:
 
Section 1 adds a new section 3114 to the insurance law, specifically
this will prohibit an insurer issuing policies in New York from cancel-
ing, raising the premium, refusing to issue, or refusing to renew a
policy solely on the basis that one or more claims have been made
against the policy during the preceding sixty months for a loss that is
the result of a hate crime committed against the person or property
insured if the insured provides evidence to the insurer that the act
causing such loss is a hate crime. An insurer may cancel, adjust rates,
refuse to renew or change the terms or benefits of an insurance policy
due to other factors. This section applies to individuals, religious,
organizations, or any nonprofit that is organized and operated for reli-
gious, charitable or educational purposes. This section also includes
language to ensure that the offender of the hate crime cannot use the
legislation to avoid claims or increases and/or cancellations to their
insurance policy as a result of the hate crime they committed.
 
Section 2 is the effective date.
 
 
JUSTIFICATION:
 
Modeled after an Illinois Law, this legislation seeks to protect victims
of hate crimes from having their insurance policy cancelled for the sole
reason that they were the victim of a hate crime. It is abhorrent to
think that an insurer might cancel a policy for this singular reason,
this legislation does allow for a policy to be cancelled if there are
other compelling factors, it also does not prohibit terms of a policy
from being changed, it simples provides protection from being cancelled.
 
As an example, a Jew who has a swastika repeatedly etched into their car
in their driveway would be protected against their auto insurance being
cancelled because of this vandalism. Or a mosque that is the constant
victim of vandalism on their building and property would likewise be
protected from a cancellation of their insurance policy.  This legis-
lation seeks to bring peace of mind to these individuals by removing the
fear that if they rapport a claim, they may lose their insurance policy.
We should be doing all we can to remove artificial barriers towards the
reporting of hate crimes and this legislation helps to achieve that
goal.
 
 
PRIOR LEGISLATIVE HISTORY:
 
None
 
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
 
None
 
 
EFFECTIVE DATE:
This act shall take effect immediately.

A08869 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8869--B
                                                                Cal. No. 619
 
                   IN ASSEMBLY
 
                                    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:
 
     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.
                                                                   LBD14010-06-2

A08869 LFIN:

 
NO LFIN

A08869 Chamber Video/Transcript: