NY State Senate Bill 2021-S1000

Senate Bill S1000

2021-2022 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 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to insurance
Jan 06, 2021	referred to insurance

co-Sponsors

2021-S1000 (ACTIVE) - Details

See Assembly Version of this Bill:: A549
Current Committee:: Senate Insurance
Law Section:: Insurance Law
Laws Affected:: Add §3421, Ins L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A6957
2015-2016: A561
2017-2018: A3464
2019-2020: S239, A1025
2023-2024: S4163

2021-S1000 (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.

2021-S1000 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1000

SPONSOR: HOYLMAN
 
TITLE OF BILL:

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

 
PURPOSE:

This bill prohibits insurers from cancelling or refusing to issue a
renters or homeowners insurance policy based on the ownership of a
specific breed of dog.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends the insurance law is amended by adding a new section
3421.

Section two sets forth the effective date.

 
JUSTIFICATION:

A dog's temperament cannot be fairly predicted based upon its breed.
Breed specific insurance qualifications regulate all owners of dogs of
all targeted breeds despite substantial evidence that aggression is not
a specific breed trait. Aggression may occur in any breed of dog. Thus,
cancelling or refusing to issue a homeowners or renters liability insur-
ance policy based on the breed of dog residing in the home is an unfair
and discriminatory system.  Breed specific regulations may alleviate the
anxieties of those who are particularly concerned about the reputation
of particular dog breeds; however, breed specific regulation is usually
intended to avoid specific types of behavior believed to predominate in
the breed. Whether aggression or other behaviors are predictable in
certain breeds as to justify separate treatment of the breed is imprac-
tical. Such regulation fails to adequately address the real problem:
aggressive dogs.

This bill will prohibit insurers from cancelling or refusing to issue a
homeowners or renters liability insurance policy based on their owner-
ship of a targeted breed of dog.

 
LEGISLATIVE HISTORY:

S.0239 of 2019-2020 (Hoylman): Died in Insurance

A.1025 of 2019-2020 (Rosenthal L): Died in Insurance

S.0084 of 2017-2018 (Hoylman): Died in Insurance

S.3620 of 2015-2016 (Hoylman): Died in Insurance

A.0561 of 2015-2016 (Rosenthal): Died in Insurance

A.6957 of 2013-2014 (Rosenthal): Died in Insurance

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This bill shall take effect immediately and shall apply to all policies
issued, renewed, modified, altered or amended on or after such date.

2021-S1000 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1000
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens. HOYLMAN, BIAGGI -- 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  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.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00497-01-1

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Senate Bill S1000

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Sponsored By

Brad Hoylman-Sigal