Senate Bill S1710

                                BILL NUMBER:S1710

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.

LEGISLATIVE HISTORY:
S.3112 of 2007
02/23/07 Referred to Insurance
01/07/09 REFERRED TO INSURANCE
01/06/10 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.