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Assembly Bill A3464A

2017-2018 Legislative Session

Prohibits insurers from cancelling a homeowner's liability insurance or renters 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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Bill Amendments

2017-A3464 - Details

Current Committee:
Assembly Insurance
Law Section:
Insurance Law
Laws Affected:
Add §3421, Ins L
Versions Introduced in Other Legislative Sessions:
2013-2014: A6957
2015-2016: A561
2019-2020: A1025
2021-2022: A549

2017-A3464 - 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.

2017-A3464 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3464
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2017
                                ___________
 
 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:
   § 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.
   §  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
                       [ ] is old law to be omitted.

2017-A3464A (ACTIVE) - Details

Current Committee:
Assembly Insurance
Law Section:
Insurance Law
Laws Affected:
Add §3421, Ins L
Versions Introduced in Other Legislative Sessions:
2013-2014: A6957
2015-2016: A561
2019-2020: A1025
2021-2022: A549

2017-A3464A (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.

2017-A3464A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3464--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2017
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Insurance -- recommitted to the Committee on Insurance in
   accordance with Assembly Rule 3, sec. 2 -- 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  cancelling, refusing to issue or renew homeowner's insurance and
   renters 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:
   § 3421. HOMEOWNER'S LIABILITY INSURANCE AND RENTERS  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 DWELL-
 ING REAL PROPERTY, INCLUDING RENTERS INSURANCE, 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 OR RENTAL.  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.
   § 2. This act shall take effect immediately and  shall  apply  to  all
 policies  issued, renewed, modified, altered or amended on or after such
 date.

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