NY State Senate Bill 2023-S7416A

Senate Bill S7416A

2023-2024 Legislative Session

Prohibits restrictions on insurance policies based solely on the policyholder harboring or owning any dog of a specific breed or mixture of breeds; repealer

download bill text pdf

Current 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
Jun 01, 2023	print number 7416a
Jun 01, 2023	amend and recommit to insurance
May 24, 2023	referred to insurance

Bill Amendments

Original

A (Active)

2023-S7416 - Details

See Assembly Version of this Bill:: A6867
Current Committee:: Senate Insurance
Law Section:: Insurance Law
Laws Affected:: Rpld & add §3421, Ins L

2023-S7416 - Summary

Prohibits restrictions on insurance policies based solely on the policyholder harboring or owning any dog of a specific breed or mixture of breeds.

2023-S7416 - Sponsor Memo

                                 
BILL NUMBER: S7416

SPONSOR: GIANARIS
 
TITLE OF BILL:

An act to amend the insurance law, in relation to prohibiting certain
restrictions as it relates to dog breed; and to repeal certain
provisions of such law relating thereto

 
PURPOSE:

This legislation will protect pet owners from discrimination by insur-
ance companies based on breed of dog owned.

 
SUMMARY OF PROVISIONS:

Section one repeals and replaces section 3421 of the insurance law to
prohibit insurers from canceling, refusing to issue, refusing to renew,
imposing an increased premium rate, excluding, limiting, restricting, or
reducing coverage based solely on harboring or owning any dog of a
specific breed or mixture of breeds. This excludes reasonable increases
of premiums or rate based upon the designation of a dog of any breed or

mixture of breeds as a dangerous dog.

Section two establishes the effective date.

 
EXISTING LAW:

Click here

 
JUSTIFICATION:

Pet owners have long been subject to discrimination by insurance compa-
nies based on the breed of dog they own. Such discrimination may come in
the form of increased premiums, coverage restrictions or denial of an
insurance policy, even if the dog has never been involved in a biting
incident or shown any signs of aggression. These arbitrary restrictions
impede the ability for people to obtain the necessary insurance policy
for their home and are based on myths and stereotypes that suggest
certain breeds are inherently dangerous.  This legislation would ensure
that no insurer may cancel, refuse to issue or renew, increase the
premium or otherwise exclude, limit, restrict or reduce coverage based
on breed of dog owned.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None to the state.

 
LOCAL FISCAL IMPLICATIONS:

Click here

 
EFFECTIVE DATE:
This act shall take effect on the 90th 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.

2023-S7416 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7416
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 24, 2023
                                ___________
 
 Introduced  by Sen. GIANARIS -- 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  certain
   restrictions  as  it  relates  to  dog  breed;  and  to repeal certain
   provisions of such law relating thereto

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  3421  of the insurance law is REPEALED and a new
 section 3421 is added to read as follows:
   § 3421. DOGS; COVERAGE REFUSAL. (A) AN INSURER THAT ISSUES OR DELIVERS
 A POLICY IN THIS STATE SHALL NOT CANCEL,  REFUSE  TO  ISSUE,  REFUSE  TO
 RENEW,  OR INCREASE THE PREMIUM OF A POLICY OR EXCLUDE, LIMIT, RESTRICT,
 OR REDUCE COVERAGE UNDER SUCH POLICY  BASED  SOLELY  UPON  HARBORING  OR
 OWNING ANY DOG OF A SPECIFIC BREED OR MIXTURE OF BREEDS.
   (B)  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 A REASONABLY 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  UNDER-
 WRITING  AND ACTUARIAL PRINCIPLES REASONABLY RELATED TO ACTUAL OR ANTIC-
 IPATED LOSS EXPERIENCE SUBJECT TO THE APPLICABLE PROVISIONS  OF  SECTION
 THREE THOUSAND FOUR HUNDRED TWENTY-FIVE OF THIS ARTICLE.
   (C)  THIS  SECTION SHALL APPLY TO POLICIES OF INSURANCE IF THE INSURED
 OR PROPOSED INSURED IS AN INDIVIDUAL.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law and shall apply to all policies issued, renewed, modi-
 fied, altered or amended on or after such effective date.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10473-01-3

2023-S7416A (ACTIVE) - Details

See Assembly Version of this Bill:: A6867
Current Committee:: Senate Insurance
Law Section:: Insurance Law
Laws Affected:: Rpld & add §3421, Ins L

2023-S7416A (ACTIVE) - Summary

Prohibits restrictions on insurance policies based solely on the policyholder harboring or owning any dog of a specific breed or mixture of breeds.

2023-S7416A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7416A

SPONSOR: GIANARIS
 
TITLE OF BILL:

An act to amend the insurance law, in relation to prohibiting certain
restrictions as it relates to dog breed; and to repeal certain
provisions of such law relating thereto

 
PURPOSE:

This legislation will protect pet owners from discrimination by insur-
ance companies based on breed of dog owned.

 
SUMMARY OF PROVISIONS:

Section one repeals and replaces section 3421 of the insurance law to
prohibit insurers from canceling, refusing to issue, refusing to renew,
imposing an increased premium rate, excluding, limiting, restricting, or
reducing coverage based on harboring or owning any dog of a specific
breed or mixture of breeds. This excludes reasonable increases of premi-
ums or rate based upon the designation of a dog of any breed or mixture

of breeds as a dangerous dog. This applies to both individual and multi-
ple policyholders.

Section two establishes the effective date.

 
EXISTING LAW:

Click here

 
JUSTIFICATION:

Pet owners have long been subject to discrimination by insurance compa-
nies based on the breed of dog they own. Such discrimination may come in
the form of increased premiums, coverage restrictions or denial of an
insurance policy, even if the dog has never been involved in a biting
incident or shown any signs of aggression. These arbitrary restrictions
impede the ability for people to obtain the necessary insurance policy
for their home and are based on myths and stereotypes that suggest
certain breeds are inherently dangerous.

This legislation would ensure that no insurer may cancel, refuse to
issue or renew, increase the premium or otherwise exclude, limit,
restrict or reduce coverage based on breed of dog owned.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None to the state.

 
LOCAL FISCAL IMPLICATIONS:

Click here

 
EFFECTIVE DATE:
This act shall take effect on the 90th 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.

2023-S7416A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7416--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 24, 2023
                                ___________
 
 Introduced  by Sen. GIANARIS -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Insurance  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  to  amend the insurance law, in relation to prohibiting certain
   restrictions as it  relates  to  dog  breed;  and  to  repeal  certain
   provisions of such law relating thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 3421 of the insurance law is  REPEALED  and  a  new
 section 3421 is added to read as follows:
   § 3421. DOGS; COVERAGE REFUSAL. (A) AN INSURER THAT ISSUES OR DELIVERS
 A  POLICY  IN  THIS  STATE  SHALL NOT CANCEL, REFUSE TO ISSUE, REFUSE TO
 RENEW, OR INCREASE THE PREMIUM OF A POLICY OR EXCLUDE, LIMIT,  RESTRICT,
 OR  REDUCE COVERAGE UNDER SUCH POLICY BASED UPON HARBORING OR OWNING ANY
 DOG OF A SPECIFIC BREED OR MIXTURE OF BREEDS.
   (B) 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 A REASONABLY 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 UNDER-
 WRITING AND ACTUARIAL PRINCIPLES REASONABLY RELATED TO ACTUAL OR  ANTIC-
 IPATED  LOSS  EXPERIENCE SUBJECT TO THE APPLICABLE PROVISIONS OF SECTION
 THREE THOUSAND FOUR HUNDRED TWENTY-FIVE OF THIS ARTICLE.
   (C) THIS SECTION SHALL APPLY TO POLICIES OF INSURANCE IF  THE  INSURED
 OR PROPOSED INSURED IS AN INDIVIDUAL OR INDIVIDUALS.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law and shall apply to all policies issued, renewed, modi-
 fied, altered or amended on or after such effective date.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10473-03-3

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