senate Bill S2568

Prohibits insurers from cancelling a homeowner's liability insurance policy based on the ownership of a specific breed of dog

download pdf

Sponsor

Co-Sponsors

Bill Status


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

actions

  • 22 / Jan / 2013
    • REFERRED TO INSURANCE
  • 08 / Jan / 2014
    • REFERRED TO INSURANCE
  • 13 / Jan / 2014
    • RECOMMIT, ENACTING CLAUSE STRICKEN

Summary

Prohibits insurers issuing policies insuring personal injury and property damage arising out of home ownership or lease, from cancelling or refusing to issue or renew such a policy, or charging increased premiums based upon the harboring of a specific breed of dog on the premises; provides that such provisions shall not apply if the dog harbored has been designated as a dangerous dog pursuant to section 123 of the agriculture and markets law.

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A6957
Versions:
S2568
Legislative Cycle:
2013-2014
Current Committee:
Senate Insurance
Law Section:
Insurance Law
Laws Affected:
Add ยง3421, Ins L
Versions Introduced in 2011-2012 Legislative Cycle:
S5103, S5103

Sponsor Memo

BILL NUMBER:S2568

TITLE OF BILL:
An act
to amend the insurance law, in relation to prohibiting insurers from
cancelling, refusing to issue or renew
homeowner's insurance based on the breed of
dog owned

PURPOSE:
To prohibit insurers from cancelling a homeowner's liability insurance
policy based on the ownership of a specific breed of dog.

SUMMARY OF PROVISIONS:

Section 1. The insurance law is amended by adding a new section 3421
to read as follows: Homeowner's liability insurance; dogs. No insurer
issuing a policy or contract insuring against liability for injury to
any person, or injury to or destruction of property arising out of
ownership or lease of residential one, two, three or four dwelling
real property shall refuse to issue, renew or cancel for such policy
or contract based, in whole or in part, upon the harboring of any
specific breed or breeds of dog or dogs upon such real property. The
rates for that portion of any such policy or contract which insures
against liability for injury to any person, or injury to or
destruction of property shall be based on sound underwriting and
actuarial principles. However, if any such dog has been designated as
a dangerous dog pursuant to section one hundred twenty-three of the
agriculture and markets law, the provisions of this section shall in
no manner prohibit an insurer from refusing to issue or renew or from
cancelling any such contract or policy, nor from imposing an
increased premium or rate for such a policy or contract based on
sound underwriting and actuarial principles reasonably related to
actual or anticipated loss experience subject
to the applicable provisions of
section three thousand four
hundred twenty-five of this article.

JUSTIFICATION:

A dog's temperament cannot be fairly predicted based upon its breed.
Breed specific insurance qualifications regulate all owners of dogs
of all targeted breeds despite substantial evidence that viciousness
is not a specific breed characteristic. Viciousness can and does
occur in any breed of dog. Thus, cancelling a homeowner's liability
insurance policy
based on the dog owned is an impractical approach to regulation of
dogs. Breed specific regulations may alleviate the anxieties of those
who are particularly concerned about the reputation of particular dog
breeds; however, breed specific regulation is usually intended to
avoid specific types of behavior believed to predominate in the
breed. Whether aggression or other behaviors are predictable in
certain breeds as to justify separate treatment of the breed is
impractical. Such regulation fails to adequately address the real
problem; aggressive dogs. This legislation will prohibit insurers


from cancelling a homeowner's liability insurance policy based on his
or her ownership of a targeted breed of dog.

LEGISLATIVE HISTORY:
2000: S. 1929 - Referred to Insurance
2002: S. 402 - Referred to Insurance
2004: S. 3998 - Referred to Insurance
2006: S.2289 - Referred to Insurance
2008: S.3856 - Referred to Insurance
2012: S.5103 - Referred to Insurance

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:
This act shall take effect immediately and shall apply to all policies
issued, renewed, modified, altered or amended on or after such date.

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

                                  2568

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 22, 2013
                               ___________

Introduced  by  Sen.  BALL  --  read twice and ordered printed, and when
  printed to be committed to the Committee on Insurance

AN ACT to amend the insurance law, in relation to  prohibiting  insurers
  from  cancelling,  refusing  to  issue  or renew homeowner's 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. HOMEOWNER'S LIABILITY INSURANCE; DOGS. NO  INSURER  ISSUING  A
POLICY  OR CONTRACT INSURING AGAINST LIABILITY FOR INJURY TO ANY PERSON,
OR INJURY TO OR DESTRUCTION OF PROPERTY  ARISING  OUT  OF  OWNERSHIP  OR
LEASE  OF  RESIDENTIAL  ONE,  TWO,  THREE OR FOUR DWELLING REAL PROPERTY
SHALL REFUSE TO ISSUE, RENEW OR CANCEL FOR SUCH  A  POLICY  OR  CONTRACT
BASED,  IN WHOLE OR IN PART, UPON THE HARBORING OF ANY SPECIFIC BREED OR
BREEDS OF DOG OR DOGS UPON SUCH REAL  PROPERTY.    THE  RATES  FOR  THAT
PORTION  OF  ANY SUCH POLICY OR CONTRACT WHICH INSURES AGAINST LIABILITY
FOR INJURY TO ANY PERSON, OR INJURY TO OR DESTRUCTION OF PROPERTY  SHALL
BE BASED ON SOUND UNDERWRITING AND ACTUARIAL PRINCIPLES. HOWEVER, IF ANY
SUCH  DOG HAS BEEN DESIGNATED AS A DANGEROUS DOG PURSUANT TO SECTION ONE
HUNDRED TWENTY-THREE OF THE AGRICULTURE AND MARKETS LAW, THE  PROVISIONS
OF  THIS SECTION SHALL IN NO MANNER PROHIBIT AN INSURER FROM REFUSING TO
ISSUE OR RENEW OR FROM CANCELLING ANY SUCH CONTRACT OR POLICY, NOR  FROM
IMPOSING  AN  INCREASED  PREMIUM  OR  RATE FOR SUCH A POLICY OR CONTRACT
BASED ON SOUND UNDERWRITING AND ACTUARIAL PRINCIPLES REASONABLY  RELATED
TO  ACTUAL  OR  ANTICIPATED  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 immediately and shall apply to all
policies issued, renewed, modified, altered or amended on or after  such
date.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07298-01-3

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.