senate Bill S3092B

Prohibits insurers from refusing to issue or renew, cancel, or charge or impose an increased premium for certain policies based solely on the breed of dog owned

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 08 / Feb / 2011
    • REFERRED TO INSURANCE
  • 23 / May / 2011
    • AMEND AND RECOMMIT TO INSURANCE
  • 23 / May / 2011
    • PRINT NUMBER 3092A
  • 04 / Jan / 2012
    • REFERRED TO INSURANCE
  • 30 / Jan / 2012
    • AMEND AND RECOMMIT TO INSURANCE
  • 30 / Jan / 2012
    • PRINT NUMBER 3092B

Summary

Prohibits insurers from refusing to issue or renew, cancel, or charge or impose an increased premium for homeowners' insurance policies based solely on the breed of dog owned.

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Bill Details

See Assembly Version of this Bill:
A3507A
Versions:
S3092
S3092A
S3092B
Legislative Cycle:
2011-2012
Current Committee:
Senate Insurance
Law Section:
Insurance Law
Laws Affected:
Add ยง3421, Ins L
Versions Introduced in Previous Legislative Cycles:
2009-2010: S404, A2566
2007-2008: A1896B

Sponsor Memo

BILL NUMBER:S3092B

TITLE OF BILL:
An act
to amend the insurance law, in relation to prohibiting insurers from
canceling, refusing to issue or renew, or charging higher premiums for
homeowners' insurance based on the breed of dog owned

PURPOSE:
The objective of this legislation is to prevent insurance companies
from discriminating against homeowners and renters based on the breed
of dog that they own.

SUMMARY OF SPECIFIC PROVISIONS:
This act would clarify the law in such a manner as to prohibit
insurance companies from refusing to issue or renew an insurance
policy, from canceling a policy and from charging higher premiums
based on ownership of a particular breed of dog. However, when there
is a 'dangerous dog' finding under the agriculture and markets law,
the refusal to issue or renew a policy, or imposition of higher
premiums would still be permitted as long as such a determination is
based upon sound underwriting and actuarial principles reasonably
related to actual or anticipated loss.

JUSTIFICATION:
If a dog had ever attacked and caused injury to a person then there
may be a legitimate basis for higher homeowner insurance premiums.
However, the current insurance law suggests that the mere ownership
of a particular breed of dog is a legitimate basis for higher
homeowner insurance premiums. This erroneous practice has placed pet
owners in a undeserved bind. While pet owners deserve adequate and
affordable homeowner insurance, they are unable to obtain it without
removing their friendly animal from the family unit.

This bill would uphold the sanctity of the law by ending the
discrimination of homeowners based on the breed of dog that they own.
As an equal and fair society, it is key that we amend the insurance
law to protect the interests of both homeowners and their
kind-hearted companion animals.

LEGISLATIVE HISTORY:
2003-2004: S.3888 Referred to Insurance
2007-2008: S.1704 Referred to Insurance
2009-2010: S.404 Referred to Insurance

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:

This act shall take effect on the ninetieth day after it becomes a law
and shall apply to all policies issued, renewed, modified, altered or
amended on or after such effective date.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3092--B

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 8, 2011
                               ___________

Introduced  by  Sen.  ROBACH -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Insurance  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  recommitted  to the Committee on Insurance in
  accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the insurance law, in relation to  prohibiting  insurers
  from  canceling, refusing to issue or renew, or charging higher premi-
  ums for homeowners' insurance based on the breed of dog owned

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The insurance law is amended by adding a new section 3421
to read as follows:
  S 3421. HOMEOWNERS' LIABILITY INSURANCE;  DOGS.  1.  WITH  RESPECT  TO
HOMEOWNERS'  INSURANCE POLICIES AS DEFINED IN SECTION TWO THOUSAND THREE
HUNDRED FIFTY-ONE OF THIS CHAPTER, NO INSURER SHALL REFUSE TO  ISSUE  OR
RENEW, CANCEL, OR CHARGE OR IMPOSE AN INCREASED PREMIUM OR RATE FOR SUCH
POLICY  OR  CONTRACT  BASED SOLELY UPON HARBORING OR OWNING ANY DOG OF A
SPECIFIC BREED OR MIXTURE OF BREEDS.
  2. THE PROVISIONS OF THIS SECTION SHALL NOT PROHIBIT AN  INSURER  FROM
REFUSING  TO ISSUE OR RENEW OR FROM CANCELING ANY SUCH CONTRACT OR POLI-
CY, NOR FROM IMPOSING A REASONABLY INCREASED PREMIUM OR RATE FOR SUCH  A
POLICY  OR  CONTRACT BASED UPON THE DESIGNATION OF A DOG OF ANY BREED OR
MIXTURE OF BREEDS AS A DANGEROUS DOG PURSUANT  TO  SECTION  ONE  HUNDRED
TWENTY-THREE  OF  THE AGRICULTURE AND MARKETS LAW, BASED ON SOUND UNDER-
WRITING AND ACTUARIAL PRINCIPLES REASONABLY RELATED TO ACTUAL OR  ANTIC-
IPATED  LOSS  EXPERIENCE SUBJECT TO THE APPLICABLE PROVISIONS OF SECTION
THREE THOUSAND FOUR HUNDRED TWENTY-FIVE OF THIS ARTICLE.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law and shall apply to all policies issued, renewed, modi-
fied, altered or amended on or after such effective date.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01916-05-1

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