Senate Bill S404

2009-2010 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Insurance Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-S404 (ACTIVE) - Details

See Assembly Version of this Bill:
A2566
Current Committee:
Senate Insurance
Law Section:
Insurance Law
Laws Affected:
Add ยง3421, Ins L
Versions Introduced in Other Legislative Sessions:
2011-2012: S3092, A3507
2013-2014: S4822, A3952
2015-2016: S487, A3696
2017-2018: S2075, A4225
2019-2020: S4286, S7924, A723
2021-2022: S4254, A4075

2009-S404 (ACTIVE) - Summary

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

2009-S404 (ACTIVE) - Sponsor Memo

2009-S404 (ACTIVE) - Bill Text download pdf

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

                                   404

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  Sen.  ROBACH -- 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  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.
              

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