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Assembly Bill A561

2015-2016 Legislative Session

Prohibits insurers from cancelling a homeowner's liability insurance policy based on the ownership of a specific breed of dog

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Archive: Last Bill Status - In Assembly Committee

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2015-A561 (ACTIVE) - Details

See Senate Version of this Bill:
S3620
Current Committee:
Assembly Insurance
Law Section:
Insurance Law
Laws Affected:
Add ยง3421, Ins L
Versions Introduced in Other Legislative Sessions:
2011-2012: S5103
2013-2014: A6957, S2568
2017-2018: A3464, S84
2019-2020: A1025
2021-2022: A549

2015-A561 (ACTIVE) - Summary

Prohibits insurers issuing policies insuring personal injury and property damage arising out of home ownership or lease, from cancelling or refusing to issue or renew such a policy, or charging increased premiums based upon the harboring of a specific breed of dog on the premises; provides that such provisions shall not apply if the dog harbored has been designated as a dangerous dog pursuant to section 123 of the agriculture and markets law.

2015-A561 (ACTIVE) - Bill Text download pdf 

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

                                   561

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
  Committee on Insurance

AN ACT to amend the insurance law, in relation to  prohibiting  insurers
  from  cancelling,  refusing  to  issue  or renew homeowner's 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. HOMEOWNER'S LIABILITY INSURANCE; DOGS. NO  INSURER  ISSUING  A
POLICY  OR CONTRACT INSURING AGAINST LIABILITY FOR INJURY TO ANY PERSON,
OR INJURY TO OR DESTRUCTION OF PROPERTY  ARISING  OUT  OF  OWNERSHIP  OR
LEASE  OF  RESIDENTIAL  ONE,  TWO,  THREE OR FOUR DWELLING REAL PROPERTY
SHALL REFUSE TO ISSUE, RENEW OR CANCEL FOR SUCH  A  POLICY  OR  CONTRACT
BASED,  IN WHOLE OR IN PART, UPON THE HARBORING OF ANY SPECIFIC BREED OR
BREEDS OF DOG OR DOGS UPON SUCH REAL  PROPERTY.    THE  RATES  FOR  THAT
PORTION  OF  ANY SUCH POLICY OR CONTRACT WHICH INSURES AGAINST LIABILITY
FOR INJURY TO ANY PERSON, OR INJURY TO OR DESTRUCTION OF PROPERTY  SHALL
BE BASED ON SOUND UNDERWRITING AND ACTUARIAL PRINCIPLES. HOWEVER, IF ANY
SUCH  DOG HAS BEEN DESIGNATED AS A DANGEROUS DOG PURSUANT TO SECTION ONE
HUNDRED TWENTY-THREE OF THE AGRICULTURE AND MARKETS LAW, THE  PROVISIONS
OF  THIS SECTION SHALL IN NO MANNER PROHIBIT AN INSURER FROM REFUSING TO
ISSUE OR RENEW OR FROM CANCELLING ANY SUCH CONTRACT OR POLICY, NOR  FROM
IMPOSING  AN  INCREASED  PREMIUM  OR  RATE FOR SUCH A POLICY OR CONTRACT
BASED ON SOUND UNDERWRITING 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.
  S  2.  This  act  shall take effect immediately and shall apply to all
policies issued, renewed, modified, altered or amended on or after  such
date.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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