NY State Senate Bill 2015-S4078

Senate Bill S4078

2015-2016 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Insurance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 26, 2015	referred to insurance

2015-S4078 (ACTIVE) - Details

Current Committee:: Senate Insurance
Law Section:: Insurance Law
Laws Affected:: Add §3421, Ins L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S93
2011-2012: S1710
2013-2014: S624

2015-S4078 (ACTIVE) - Summary

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

2015-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

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 desig-
nation of such dog as dangerous.

Section 2: Effective Date

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 sociali-
zation 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
S.1710 of 2011 01/11/11  Referred  to  Insurance  01/04/12  Referred  to
Insurance 01/09/13 REFERRED TO INSURANCE 01/08/14 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.

2015-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

S. 4078                             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.

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