Senate Bill S93

                                 BILL NUMBER:  S93

 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 if
the dog completes an approved obedience course


 PURPOSE OR GENERAL IDEA OF BILL :
To limit insurers' ability to summarily cancel insurance coverage,
raise rates or refuse to renew homeowners insurance policies based on
the breed of dog such insured owns.

 SUMMARY OF SPECIFIC PROVISIONS :
The insurance law is amended by adding a new section 342 I. This
section provides that no insurer shall refuse to issue or renew,
cancel, charge or impose an increased rate for such policy based on
harboring a dog or dogs of a specific breed or "mixed" breed.  Section
2 provides that an insurer is not prohibited from refusing to issue or
renew, cancel, or charge or impose an increased rate for such policy
based on a dog's designation as a "dangerous dog" pursuant to section
121 of the agriculture and markets law. However, before the insurance
company may do any of the above, it must offer the homeowner the
opportunity to enroll their dog in an approved obedience course. The
insurer shall provide the dog 90 days to successfully complete such
              

course. If the course lasts longer than 90 days the homeowner may show
proof that the course lasts longer than 90 days and shall receive an
additional 60 days to complete such course. If the dog successfully
completes a course the insurer is prohibited from refusing to issue or
renew, cancel, charge or impose an increased rate for such policy
based upon the designation of such dog as dangerous.

 EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER :
Currently insurers are allowed to refuse to issue or renew, cancel,
charge or impose an increased rate for a homeowners' policy based on
ownership of certain breeds of dog.

 JUSTIFICATION :
No species of dog is inherently dangerous. Each dog is a unique
individual with a unique personality that is influenced by their own
personal experiences and training.  When a dog becomes "dangerous" it
is often because their owners encourage aggressiveness or poor
socialization with humans or other dogs. A conscientious homeowner
should not be punished simply because they own a dog that insurers
consider a "dangerous breed".  While insurance companies will site
statistics that certain breeds of dog bite or behave aggressively more
than others, each dog is a unique individual who mayor may not become
aggressive.  Insurers must allow homeowners the opportunity to
properly train a dog through an approved course before being allowed
to refuse to issue, renew, cancel, or charge increased rates. A proper
training course will encourage good behavior and socialization before
problems start.  This is similar to reducing rates when an insured
purchases a burglar or car alarm, takes a defensive driving course
etc. When an insured takes steps to ensure that their dog will behave
properly, the insurer must recognize these efforts.

 HISTORY :
S.3112 of 2007 02/23/07 Referred to Insurance

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :
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
effective date.