[§431:10-217.5]  Policies relating to
domestic abuse cases.  (a)  No insurer shall deny or refuse to accept an
application for insurance, refuse to insure, refuse to renew, cancel, restrict,
or otherwise terminate a policy of insurance, or charge a different rate for
the same coverage, on the basis that the applicant or insured person is, has
been, or may be a victim of domestic abuse.



(b)  Nothing in this section shall prevent an
insurer from taking any of the actions set forth in subsection (a) on the basis
of loss history or medical condition or for any other reason not otherwise
prohibited by this section, any law, regulation, or rule.



(c)  Any form filed or filed after July 15,
1998 or subject to a rule adopted under chapter 91 may exclude coverage for
losses caused by intentional or fraudulent acts of any insured.  Such an
exclusion, however, shall not apply to deny an insured's otherwise-covered
property loss if:



(1)  The property loss is caused by an act of domestic
abuse by another insured under the policy;



(2)  The insured claiming property loss files a police
report and cooperates with any law enforcement investigation relating to the
act of domestic abuse; and



(3)  The insured claiming property loss did not
cooperate in or contribute to the creation of the property loss.



Payment by the insurer to an insured may be
limited to the person's insurable interest in the property less payments made
to a mortgagee or other party with a legal secured interest in the property. 
An insurer making payment to an insured under this section has all rights of
subrogation to recover against the perpetrator of the act that caused the loss.



(d)  Nothing in this section prohibits an
insurer from investigating a claim and complying with chapter 431.



(e)  As used in this section, "domestic
abuse" means:



(1)  Physical harm, bodily injury, assault, or the
infliction of fear of imminent physical harm, bodily injury, or assault between
family or household members;



(2)  Sexual assault of one family or household member
by another;



(3)  Stalking of one family or household member by
another family or household member; or



(4)  Intentionally, knowingly, or recklessly causing
damage to property so as to intimidate or attempt to control the behavior of
another household member. [L 1998, c 171, §2]



 



Revision Note



 



  "July 15, 1998" substituted for "the effective
date of this section".