S T A T E O F N E W Y O R K
________________________________________________________________________
1710
2011-2012 Regular Sessions
I N S E N A T E
January 11, 2011
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Introduced by Sen. SAMPSON -- 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 if the
dog completes an approved obedience course
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 AN 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 UNDERWRITING AND
ACTUARIAL PRINCIPLES REASONABLY RELATED TO ACTUAL OR ANTICIPATED LOSS
EXPERIENCE SUBJECT TO THE APPLICABLE PROVISIONS OF SECTION THREE THOU-
SAND FOUR HUNDRED TWENTY-FIVE OF THIS ARTICLE. HOWEVER, BEFORE AN
INSURER MAY REFUSE TO ISSUE, RENEW OR CANCEL SUCH CONTRACT OR POLICY OR
IMPOSE AN INCREASED PREMIUM OR RATE FOR SUCH POLICY OR CONTRACT BASED
UPON THE DESIGNATION OF A DOG AS DANGEROUS, AN INSURER SHALL PROVIDE
SUCH DANGEROUS DOG NINETY DAYS TO SUCCESSFULLY COMPLETE AN APPROVED
OBEDIENCE COURSE. IF SUCH COURSE LASTS LONGER THAN NINETY DAYS, THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05867-01-1
S. 1710 2
HOMEOWNER MAY SHOW PROOF THAT THE DOG IS ENROLLED IN SUCH COURSE AND
UPON SUCH PROOF SHALL RECEIVE AN ADDITIONAL SIXTY DAYS TO COMPLETE SUCH
COURSE. IF SUCH DESIGNATED DANGEROUS DOG SUCCESSFULLY COMPLETES SUCH
COURSE, THE INSURER IS PROHIBITED FROM REFUSING TO ISSUE, RENEW OR
CANCEL SUCH POLICY OR CONTRACT OR INCREASE THE PREMIUM OR RATE ON SUCH
POLICY OR CONTRACT BASED UPON THE DESIGNATION OF SUCH DOG AS DANGEROUS.
S 2. This act shall take effect immediately and shall apply to all
policies issued, renewed, modified, altered or amended on or after such
effective date.