N.Y. Insurance Law § 3422: Hate crimes; coverage refusal

§ 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.