Cancellation and Failure to Renew Certain Property Insurance

Cal. INS § 676.10

California Statutes

(

a) This

section applies to policies covered by

Section 675, 675.5, or 676.5 if the insured is a religious organization described in clause (

i) of subparagraph (

A) of paragraph (1) of subsection (

b) of

Section of Title of the United States Code, an educational organization described in clause (ii) of subparagraph (

A) of paragraph (1) of subsection (

b) of

Section of Title of the United States Code, or other nonprofit organization described in clause (vi) of subparagraph (

A) of paragraph (1) of subsection (

b) of

Section of Title of the United States Code that is organized and operated for religious, charitable, or educational purposes, or a reproductive health services facility, as defined in subdivision (

h) of

Section 423.1 of the Penal Code, or its administrative offices. (

b) No insurer issuing policies subject to this

section shall cancel or refuse to renew the policy, nor shall any premium be excessive or unfairly discriminatory solely on the basis that one or more claims has been made against the policy during the preceding months for a loss that is the result of a hate crime committed against the person or property of the insured, or an antireproductive rights crime. (

c) As it relates to this section, if determined by a law enforcement agency, a “hate crime” may include any of the following:

(1) By force or threat of force, willfully injure, intimidate, interfere with, oppress, or threaten any other person in the free exercise or enjoyment of any right or privilege secured to him or her by the Constitution or laws of this state or by the Constitution or laws of the United States because of the other person’s race, color, religion, ancestry, national origin, disability, gender, gender identity, gender expression, or sexual orientation, or because he or she perceives that the other person has one or more of those characteristics.

However, the foregoing offense does not include speech alone, except upon a showing that the speech itself threatened violence against a specific person or group of persons and that the defendant had the apparent ability to carry out the threat.

(2) Knowingly deface, damage, or destroy the real or personal property of any other person for the purpose of intimidating or interfering with the free exercise or enjoyment of any right or privilege secured to the other person by the Constitution or laws of this state or by the Constitution or laws of the United States, because of the other person’s race, color, religion, ancestry, national origin, disability, gender, gender identity, gender expression, or sexual orientation, or because he or she perceives that the other person has one or more of those characteristics. (

d) As it relates to this section, if determined by a law enforcement agency, “anti-reproductive-rights crime” shall have the meaning set forth in subdivision (

a) of

Section of the Penal Code, and shall also include a violation of subdivision (

e) of

Section 423.2 of the Penal Code, if the crime results in a covered loss under a policy subject to this section. (

e) Upon cancellation of or refusal to renew a policy subject to this

section after an insured has submitted a claim to the insurer that is the result of a hate crime committed against the person or property of the insured, or an anti-reproductive-rights crime, the insurer shall report the cancellation or nonrenewal to the commissioner. (

f) A violation of this

section shall be an unfair practice subject to

Article 6.5 (commencing with

Section 790) of

Chapter of Division 2. (

g) Nothing in this

section shall prevent an insurer subject to this

section from taking any of the actions set forth in subdivision (

b) on the basis of criteria not otherwise made invalid by this

section or any other act, regulation, or law.

Document details

CollectionCalifornia Statutes
CitationCal. INS § 676.10
Date2012-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierINS676.10.201171925

Cancellation and Failure to Renew Certain Property Insurance

Cal. INS § 676.10

California Statutes

Cancellation and Failure to Renew Certain Property Insurance

Cal. INS § 676.10

California Statutes

(

a) This

section applies to policies covered by

Section 675, 675.5, or 676.5 if the insured is a religious organization described in clause (

i) of subparagraph (

A) of paragraph (1) of subsection (

b) of

Section of Title of the United States Code, an educational organization described in clause (ii) of subparagraph (

A) of paragraph (1) of subsection (

b) of

Section of Title of the United States Code, or other nonprofit organization described in clause (vi) of subparagraph (

A) of paragraph (1) of subsection (

b) of

Section of Title of the United States Code that is organized and operated for religious, charitable, or educational purposes, or a reproductive health services facility, as defined in subdivision (

h) of

Section 423.1 of the Penal Code, or its administrative offices. (

b) No insurer issuing policies subject to this

section shall cancel or refuse to renew the policy, nor shall any premium be excessive or unfairly discriminatory solely on the basis that one or more claims has been made against the policy during the preceding months for a loss that is the result of a hate crime committed against the person or property of the insured, or an antireproductive rights crime. (

c) As it relates to this section, if determined by a law enforcement agency, a “hate crime” may include any of the following:

(1) By force or threat of force, willfully injure, intimidate, interfere with, oppress, or threaten any other person in the free exercise or enjoyment of any right or privilege secured to him or her by the Constitution or laws of this state or by the Constitution or laws of the United States because of the other person’s race, color, religion, ancestry, national origin, disability, gender, gender identity, gender expression, or sexual orientation, or because he or she perceives that the other person has one or more of those characteristics.

However, the foregoing offense does not include speech alone, except upon a showing that the speech itself threatened violence against a specific person or group of persons and that the defendant had the apparent ability to carry out the threat.

(2) Knowingly deface, damage, or destroy the real or personal property of any other person for the purpose of intimidating or interfering with the free exercise or enjoyment of any right or privilege secured to the other person by the Constitution or laws of this state or by the Constitution or laws of the United States, because of the other person’s race, color, religion, ancestry, national origin, disability, gender, gender identity, gender expression, or sexual orientation, or because he or she perceives that the other person has one or more of those characteristics. (

d) As it relates to this section, if determined by a law enforcement agency, “anti-reproductive-rights crime” shall have the meaning set forth in subdivision (

a) of

Section of the Penal Code, and shall also include a violation of subdivision (

e) of

Section 423.2 of the Penal Code, if the crime results in a covered loss under a policy subject to this section. (

e) Upon cancellation of or refusal to renew a policy subject to this

section after an insured has submitted a claim to the insurer that is the result of a hate crime committed against the person or property of the insured, or an anti-reproductive-rights crime, the insurer shall report the cancellation or nonrenewal to the commissioner. (

f) A violation of this

section shall be an unfair practice subject to

Article 6.5 (commencing with

Section 790) of

Chapter of Division 2. (

g) Nothing in this

section shall prevent an insurer subject to this

section from taking any of the actions set forth in subdivision (

b) on the basis of criteria not otherwise made invalid by this

section or any other act, regulation, or law.

Document details

CollectionCalifornia Statutes
CitationCal. INS § 676.10
Date2012-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierINS676.10.201171925