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

(b)  Nothing in this section shall prevent aninsurer from taking any of the actions set forth in subsection (a) on the basisof loss history or medical condition or for any other reason not otherwiseprohibited 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 forlosses caused by intentional or fraudulent acts of any insured.  Such anexclusion, however, shall not apply to deny an insured's otherwise-coveredproperty loss if:

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

(2)  The insured claiming property loss files a policereport and cooperates with any law enforcement investigation relating to theact of domestic abuse; and

(3)  The insured claiming property loss did notcooperate in or contribute to the creation of the property loss.

Payment by the insurer to an insured may belimited to the person's insurable interest in the property less payments madeto 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 ofsubrogation to recover against the perpetrator of the act that caused the loss.

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

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

(1)  Physical harm, bodily injury, assault, or theinfliction of fear of imminent physical harm, bodily injury, or assault betweenfamily or household members;

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

(3)  Stalking of one family or household member byanother family or household member; or

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

 

Revision Note

 

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