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.
STATE OF NEW YORK
________________________________________________________________________
3464--A
2017-2018 Regular Sessions
IN ASSEMBLY
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:
1 Section 1. The insurance law is amended by adding a new section 3421
2 to read as follows:
3 § 3421. Homeowner's liability insurance and renters insurance; dogs.
4 No insurer issuing a policy or contract insuring against liability for
5 injury to any person, or injury to or destruction of property arising
6 out of ownership or lease of residential one, two, three or four dwell-
7 ing real property, including renters insurance, shall refuse to issue,
8 renew or cancel for such a policy or contract based, in whole or in
9 part, upon the harboring of any specific breed or breeds of dog or dogs
10 upon such real property or rental. The rates for that portion of any
11 such policy or contract which insures against liability for injury to
12 any person, or injury to or destruction of property shall be based on
13 sound underwriting and actuarial principles. However, if any such dog
14 has been designated as a dangerous dog pursuant to section one hundred
15 twenty-three of the agriculture and markets law, the provisions of this
16 section shall in no manner prohibit an insurer from refusing to issue or
17 renew or from cancelling any such contract or policy, nor from imposing
18 an increased premium or rate for such a policy or contract based on
19 sound underwriting and actuarial principles reasonably related to actual
20 or anticipated loss experience subject to the applicable provisions of
21 section three thousand four hundred twenty-five of this article.
22 § 2. This act shall take effect immediately and shall apply to all
23 policies issued, renewed, modified, altered or amended on or after such
24 date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05428-02-8
