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Insurance Companies Barred From Canceling, Raising Rates On Hate Crime Victims Under New NY Law

Victims of hate crimes no longer have to fear retaliation from their insurance companies under a new law in New York.

A protester holds a sign at the Women's March in Vancouver in January 2019.

A protester holds a sign at the Women's March in Vancouver in January 2019.

Photo Credit: Wikimedia Commons/William Chen

On Monday, Dec. 12, Gov. Kathy Hochul signed legislation that prohibits insurers in the state from canceling policies or raising premiums on the basis that a claim was filed for a loss resulting from a hate crime.

The law also bars insurance companies from refusing to issue a policy or refusing to renew a policy solely on that same basis, Hochul’s office said.

It applies to claims that are made against policies during the preceding five years where the individual has provided evidence that the act causing the loss is a hate crime.

"New York stands strong against acts of hate wherever they occur, and we will continue to hold perpetrators of these horrific crimes accountable," Hochul said in a statement.

"If an individual is targeted for a hate crime, the last thing they should worry about is losing their insurance, and with this legislation we are taking action to protect victims and ensure every New Yorker is treated with dignity and respect."

The new legislation applies to individuals, religious organizations, or nonprofits organized and operated for religious, charitable or educational purposes, according to the governor’s office.

It also ensures that perpetrators of hate crimes cannot use the legislation to protect themselves from rate increases or cancellations resulting from a crime they themselves committed.

The new law was introduced by State Senator Anna Kaplan, a Democrat who represents the 7th State Senate District covering northwestern Nassau County on Long Island.

"As a Jewish refugee who came to this country fleeing antisemitic violence in my homeland, my heart aches over the explosion of hate and extremist fueled violence that we've seen in this country since the pandemic,” Kaplan said.

“No one who is the victim of a hate crime should fear reprisals from their insurance company just for reporting what's happened to them, and every victim should feel comfortable reporting hate to the police to allow justice to be served.”

Monday’s bill signing came on the same day Hochul announced the launch of a statewide Hate and Bias Prevention Unit at the state Division of Human Rights “to help combat hate and support communities at risk of hate crimes.”

“When someone harms a member of our community, they’re picking a fight with 20 million New Yorkers - starting with their governor,” Hochul said on Twitter.

In early November 2022, the governor announced that $50 million was being made available to improve security measures at nonprofit organizations at risk of hate crimes, the most funding ever made available.

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