senate Bill S3092B

2011-2012 Legislative Session

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

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 30, 2012 print number 3092b
amend and recommit to insurance
Jan 04, 2012 referred to insurance
May 23, 2011 print number 3092a
amend and recommit to insurance
Feb 08, 2011 referred to insurance

Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

S3092 - Bill Details

See Assembly Version of this Bill:
A3507A
Current Committee:
Law Section:
Insurance Law
Laws Affected:
Add §3421, Ins L
Versions Introduced in 2009-2010 Legislative Session:
S404, A2566

S3092 - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S3092

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

PURPOSE:
The objective of this legislation is to prevent insurance companies
from discriminating against homeowners and renters based on the
breed of dog that they own.

SUMMARY OF SPECIFIC PROVISIONS:
This act would clarify the law in such a manner as to prohibit
insurance companies from refusing to issue or renew an insurance
policy, from canceling a policy and from charging higher premiums
based on ownership of a particular breed of dog. However, when there
is a 'dangerous dog' finding under the agriculture and markets law,
the refusal to issue or renew a policy, or imposition of higher
premiums would still be permitted as long as such a determination is
based upon sound underwriting and actuarial principles reasonably
related to actual or anticipated loss.

JUSTIFICATION:
If a dog had ever attacked and caused injury to a person then there
may be a legitimate basis for higher homeowner insurance premiums.
However, the current insurance law suggests that the mere ownership
of a particular breed of dog is a legitimate basis for higher
homeowner insurance premiums. This erroneous practice has placed pet
owners in a undeserved bind. While pet owners deserve adequate and
affordable homeowner insurance, they are unable to obtain it without
removing their friendly animal from the family unit.

This bill would uphold the sanctity of the law by ending the
discrimination of homeowners based on the breed of dog that they own.
As an equal and fair society, it is key that we amend the insurance
law to protect the interests of both homeowners and their
kind-hearted companion animals.

LEGISLATIVE HISTORY:
2003-2004 S.3888 Referred to Insurance
2007-2008 S.1704 Referred to Insurance
2009-2010 S.404 Referred to Insurance

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:

This act shall take effect on the ninetieth day after it
becomes a law and shall apply to all policies issued, renewed,
modified, altered or amended on or after such effective date.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3092

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 8, 2011
                               ___________

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-
HOLD,  BASED  ON  SOUND UNDERWRITING AND ACTUARIAL PRINCIPLES REASONABLY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01916-01-1

S. 3092                             2

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.

S3092A - Bill Details

See Assembly Version of this Bill:
A3507A
Current Committee:
Law Section:
Insurance Law
Laws Affected:
Add §3421, Ins L
Versions Introduced in 2009-2010 Legislative Session:
S404, A2566

S3092A - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S3092A

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

PURPOSE:
The objective of this legislation is to prevent insurance companies
from discriminating against homeowners and renters based on the
breed of dog that they own.

SUMMARY OF SPECIFIC PROVISIONS:
This act would clarify the law in such a manner as to prohibit
insurance companies from refusing to issue or renew an insurance
policy, from canceling a policy and from charging higher premiums
based on ownership of a particular breed of dog. However, when there
is a 'dangerous dog' finding under the agriculture and markets law,
the refusal to issue or renew a policy, or imposition of higher
premiums would still be permitted as long as such a determination is
based upon sound underwriting and actuarial principles reasonably
related to actual or anticipated loss.

JUSTIFICATION:
If a dog had ever attacked and caused injury to a person then there
may be a legitimate basis for higher homeowner insurance premiums.
However, the current insurance law suggests that the mere ownership
of a particular breed of dog is a legitimate basis for higher
homeowner insurance premiums. This erroneous practice has placed pet
owners in a undeserved bind. While pet owners deserve adequate and
affordable homeowner insurance, they are unable to obtain it without
removing their friendly animal from the family unit.

This bill would uphold the sanctity of the law by ending the
discrimination of homeowners based on the breed of dog that they own.
As an equal and fair society, it is key that we amend the insurance
law to protect the interests of both homeowners and their
kind-hearted companion animals.

LEGISLATIVE HISTORY:
2003-2004 S.3888 Referred to Insurance
2007-2008 S.1704 Referred to Insurance
2009-2010 S.404 Referred to Insurance

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it
becomes a law and shall apply to all policies issued, renewed,
modified, altered or amended on or after such effective date.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3092--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 8, 2011
                               ___________

Introduced  by  Sen.  ROBACH -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Insurance  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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 SOLELY, IN WHOLE OR IN PART, UPON HARBORING  OR
OWNING ANY DOG OF A SPECIFIC BREED OR MIXTURE OF 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-THREE OF THE AGRICULTURE AND MARKETS LAW, BASED ON  SOUND  UNDER-
WRITING  AND ACTUARIAL PRINCIPLES REASONABLY RELATED TO ACTUAL OR ANTIC-
IPATED LOSS EXPERIENCE SUBJECT TO THE APPLICABLE 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01916-03-1

S3092B (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A3507A
Current Committee:
Law Section:
Insurance Law
Laws Affected:
Add §3421, Ins L
Versions Introduced in 2009-2010 Legislative Session:
S404, A2566

S3092B (ACTIVE) - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S3092B

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

PURPOSE:
The objective of this legislation is to prevent insurance companies
from discriminating against homeowners and renters based on the breed
of dog that they own.

SUMMARY OF SPECIFIC PROVISIONS:
This act would clarify the law in such a manner as to prohibit
insurance companies from refusing to issue or renew an insurance
policy, from canceling a policy and from charging higher premiums
based on ownership of a particular breed of dog. However, when there
is a 'dangerous dog' finding under the agriculture and markets law,
the refusal to issue or renew a policy, or imposition of higher
premiums would still be permitted as long as such a determination is
based upon sound underwriting and actuarial principles reasonably
related to actual or anticipated loss.

JUSTIFICATION:
If a dog had ever attacked and caused injury to a person then there
may be a legitimate basis for higher homeowner insurance premiums.
However, the current insurance law suggests that the mere ownership
of a particular breed of dog is a legitimate basis for higher
homeowner insurance premiums. This erroneous practice has placed pet
owners in a undeserved bind. While pet owners deserve adequate and
affordable homeowner insurance, they are unable to obtain it without
removing their friendly animal from the family unit.

This bill would uphold the sanctity of the law by ending the
discrimination of homeowners based on the breed of dog that they own.
As an equal and fair society, it is key that we amend the insurance
law to protect the interests of both homeowners and their
kind-hearted companion animals.

LEGISLATIVE HISTORY:
2003-2004: S.3888 Referred to Insurance
2007-2008: S.1704 Referred to Insurance
2009-2010: S.404 Referred to Insurance

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:

This act shall take effect on the ninetieth day after it becomes a law
and shall apply to all policies issued, renewed, modified, altered or
amended on or after such effective date.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3092--B

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 8, 2011
                               ___________

Introduced  by  Sen.  ROBACH -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Insurance  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  recommitted  to the Committee on Insurance in
  accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

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 SOLELY UPON HARBORING OR OWNING ANY DOG OF A
SPECIFIC BREED OR MIXTURE OF 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-THREE  OF  THE AGRICULTURE AND MARKETS LAW, BASED ON SOUND UNDER-
WRITING AND ACTUARIAL PRINCIPLES REASONABLY RELATED TO ACTUAL OR  ANTIC-
IPATED  LOSS  EXPERIENCE SUBJECT TO THE APPLICABLE 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01916-05-1

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