S04078 Summary:

BILL NOS04078
 
SAME ASNo same as
 
SPONSORSAMPSON
 
COSPNSR
 
MLTSPNSR
 
Add S3421, Ins L
 
Prohibits insurers from refusing to issue or renew, cancel, charge or impose an increased premium for homeowners' insurance policies based on the breed of a dog owned if the dog completes an approved obedience course.
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S04078 Actions:

BILL NOS04078
 
02/26/2015REFERRED TO INSURANCE
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S04078 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4078
 
                               2015-2016 Regular Sessions
 
                    IN SENATE
 
                                    February 26, 2015
                                       ___________
 
        Introduced  by  Sen. SAMPSON -- 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  canceling, refusing to issue or renew, or charging higher premi-
          ums for homeowners' insurance based on the breed of dog owned  if  the
          dog completes an approved obedience course
 
          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.  Homeowners'  liability  insurance;  dogs. 1. With respect to
     4  homeowners' insurance policies as defined in section two thousand  three
     5  hundred  fifty-one  of this chapter, no insurer shall refuse to issue or
     6  renew, cancel, or charge or impose an increased premium or rate for such
     7  policy or contract based, in whole or in part, upon harboring or  owning
     8  a  dog  or  dogs  of a specific breed or breeds or a dog or dogs "mixed"
     9  with a specific breed or breeds.
    10    2. The provisions of this section shall not prohibit an  insurer  from
    11  refusing  to issue or renew or from canceling any such contract or poli-
    12  cy, nor from imposing an increased premium or rate for such a policy  or
    13  contract  based upon the designation of a dog of any breed or mixture of
    14  breeds as a dangerous dog pursuant to section one  hundred  twenty-three
    15  of  the  agriculture  and  markets  law, based on sound underwriting and
    16  actuarial principles reasonably related to actual  or  anticipated  loss
    17  experience  subject  to the applicable provisions of section three thou-
    18  sand four hundred twenty-five of  this  article.    However,  before  an
    19  insurer  may refuse to issue, renew or cancel such contract or policy or
    20  impose an increased premium or rate for such policy  or  contract  based
    21  upon  the  designation  of  a dog as dangerous, an insurer shall provide
    22  such dangerous dog ninety days  to  successfully  complete  an  approved
    23  obedience  course.  If  such  course  lasts longer than ninety days, the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09154-01-5

        S. 4078                             2
 
     1  homeowner may show proof that the dog is enrolled  in  such  course  and
     2  upon  such proof shall receive an additional sixty days to complete such
     3  course. If such designated dangerous  dog  successfully  completes  such
     4  course,  the  insurer  is  prohibited  from  refusing to issue, renew or
     5  cancel such policy or contract or increase the premium or rate  on  such
     6  policy or contract based upon the designation of such dog as dangerous.
     7    §  2.  This  act  shall take effect immediately and shall apply to all
     8  policies issued, renewed, modified, altered or amended on or after  such
     9  effective date.
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