A04075 Summary:

BILL NOA04075
 
SAME ASSAME AS S04254
 
SPONSORGlick
 
COSPNSRO'Donnell, Colton, Englebright, Rosenthal L, Perry, Zebrowski, Byrne, Jacobson, Epstein, Weprin, Gottfried, Lavine, Bronson
 
MLTSPNSRSimon
 
Add §3421, Ins L
 
Prohibits insurers from refusing to issue or renew, cancel, or charge or impose an increased premium for homeowners' insurance policies based on the breed of a dog owned.
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A04075 Actions:

BILL NOA04075
 
02/01/2021referred to insurance
02/24/2021reported referred to codes
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A04075 Committee Votes:

INSURANCE Chair:Cahill DATE:02/24/2021AYE/NAY:19/6 Action: Favorable refer to committee Codes
CahillAyeBlankenbushNay
CookAyeHawleyNay
PretlowAyeByrneNay
RiveraAyeSchmittAye
CymbrowitzAyePalmesanoNay
LavineAyeDiPietroNay
SteckAyeGandolfoNay
DilanAye
HunterAye
NiouAye
RosenthalAye
SternAye
McDonaldAye
JacobsonAye
WilliamsAye
MeeksAye
ForrestAye
AndersonAye

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A04075 Floor Votes:

There are no votes for this bill in this legislative session.
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A04075 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A4075
 
SPONSOR: Glick
  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 OR GENERAL IDEA OF BILL: The objective of this legislation is to prevent insurance companies from discriminating against homeowners based on the breed of dog that they own.   SUMMARY OF SPECIFIC 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 permit- ted 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 coverage based on the exact same breed of dog that 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.   PRIOR LEGISLATIVE HISTORY: 2020: Reported from Insurance referred to Codes 2019: Referred to Insurance 2018: Ordered to third reading 2017: Passed Assembly 2016: Advanced to third reading cal.759 2015: Referred to insurance 2013-14 A3952 Died in Senate, returned to assembly, ordered to third reading, Ca1.193 2012 A.3507 a Passed Assembly. 2011 A.3507 Reported from Insurance referred to Codes. 2009-10 A.2566 Referred to Insurance. 2007-08 A.1896-8 Reported from Insurance referred to Codes. 2006 A1824 Reported and referred to Codes. 2005-06 A1824 Reported and referred to Rules. 2003-04 Reported from Insurance and Referred to Codes   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.
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A04075 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4075
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 1, 2021
                                       ___________
 
        Introduced  by M. of A. GLICK, O'DONNELL, COLTON, ENGLEBRIGHT, L. ROSEN-
          THAL, PERRY, ZEBROWSKI, BYRNE, JACOBSON, EPSTEIN,  WEPRIN,  GOTTFRIED,
          LAVINE,  BRONSON  -- Multi-Sponsored by -- M. of A. SIMON -- read once
          and referred 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
 
          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 solely upon harboring or owning any dog of a
     8  specific breed or mixture of breeds.
     9    2. The provisions of this section shall not prohibit an  insurer  from
    10  refusing  to issue or renew or from canceling any such contract or poli-
    11  cy, nor from imposing a reasonably increased premium or rate for such  a
    12  policy  or  contract based upon the designation of a dog of any breed or
    13  mixture of breeds as a dangerous dog pursuant  to  section  one  hundred
    14  twenty-three  of  the agriculture and markets law, based on sound under-
    15  writing and actuarial principles reasonably related to actual or  antic-
    16  ipated  loss  experience subject to the applicable provisions of section
    17  three thousand four hundred twenty-five of this article.
    18    § 2. This act shall take effect on the ninetieth day  after  it  shall
    19  have become a law and shall apply to all policies issued, renewed, modi-
    20  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.
                                                                   LBD07621-01-1
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