The New York State Senate

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

                                  2566

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 20, 2009
                               ___________

Introduced  by  M. of A. GLICK, O'DONNELL, ENGLEBRIGHT, COLTON, SWEENEY,
  KELLNER, McDONOUGH -- read once  and  referred  to  the  Committee  on
  Insurance

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, IN WHOLE OR IN PART, UPON HARBORING OR  OWNING
A  DOG  OR  DOGS  OF A SPECIFIC BREED OR BREEDS OR A DOG OR DOGS "MIXED"
WITH A SPECIFIC BREED OR 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-ONE OF THE AGRICULTURE AND MARKETS LAW, BASED ON SOUND UNDERWRIT-
ING 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.
  3. THE PROVISIONS OF THIS SECTION SHALL NOT PROHIBIT AN  INSURER  FROM
IMPOSING  A  REASONABLY  INCREASED  PREMIUM  OR  RATE FOR SUCH POLICY OR
CONTRACT BASED UPON PRIOR PAID LIABILITY CLAIMS ON THE  INSURED'S  HOME-
OWNERS' LIABILITY POLICY FOR LOSSES INCURRED DUE TO THE INSURED'S DOG OR
DOGS,  IF  THAT DOG OR DOGS STILL RESIDE IN THE INSURED'S HOME OR HOUSE-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03506-01-9

A. 2566                             2

HOLD, BASED ON SOUND UNDERWRITING AND  ACTUARIAL  PRINCIPLES  REASONABLY
RELATED TO ACTUAL OR ANTICIPATED LOSS EXPERIENCE SUBJECT TO THE APPLICA-
BLE  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.