Assembly Actions - Lowercase Senate Actions - UPPERCASE |
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Feb 26, 2015 | referred to insurance |
senate Bill S4078
2015-2016 Legislative Session
Sponsored By
John L. Sampson
(D, WF) 0 Senate District
Archive: Last Bill Status - In Senate Committee Insurance Committee
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
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Actions
S4078 (ACTIVE) - Details
- Current Committee:
- Senate Insurance
- Law Section:
- Insurance Law
- Laws Affected:
- Add ยง3421, Ins L
- Versions Introduced in Other Legislative Sessions:
-
2009-2010: S93
2011-2012: S1710
2013-2014: S624
S4078 (ACTIVE) - Sponsor Memo
BILL NUMBER:S4078 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 summar- ily 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 3421. 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. 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 oppor- tunity 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
S4078 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4078 2015-2016 Regular Sessions I N S E N A T E February 26, 2015 ___________ 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. LBD09154-01-5
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