BILL NUMBER: S4286

SPONSOR: LAVALLE
 
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 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'.
These provisions shall not prohibit an insurer from increasing premium
or rate based upon prior paid liability claims if that dog or dogs still
reside in the insured's home or household.

 
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 partic-
ular breed of dog is a legitimate basis for higher homeowner insurance
premiums. This erroneous practice has placed pet owners in an undeserved
bind. While pet owners deserve adequate and affordable homeowner insur-
ance, they are unable to obtain it without removing their friendly
animal from the family unit.

For years, insurance companies that offer homeowners insurance have
avoided loss because of the burglary prevention provided by homeowners'
dogs. It is unacceptable that now insurance companies would want the
ability to deny overage based on the exact same breed of dog that they
may have protected the homeowners and the insurance company from loss.

This bill would uphold the sanctity of the law by ending the discrimi-
nation 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 compan-
ion animals.

 
LEGISLATIVE HISTORY::

2017-18 S.2075/A.4225;
2015-16 S.487/A.3696;
2013-14 S.4822/A.3952;
2012 A.3507A

 
FISCAL IMPLICATIONS::
None to the State.

 
EFFECTIVE DATE:

On the ninetieth day after it shall have become a law and shall apply to
all policies issued, renewed, modified, altered or amended on or after
such effective date.