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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A549
SPONSOR: Rosenthal L 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 impractical. 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:
2019-20: A.1025 -Referred to Insurance; S.239 - Referred to Insurance
2017-18: A.3464-A - Referred to Insurance; S.84 - Referred to Insurance
2015-16: A.561- Referred to Insurance; S.3620 - Referred to Insurance
2013-14: A.6957 - Referred to 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.
STATE OF NEW YORK
________________________________________________________________________
549
2021-2022 Regular Sessions
IN ASSEMBLY(Prefiled)
January 6, 2021
___________
Introduced by M. of A. L. ROSENTHAL -- read once and referred 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:
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.
LBD00497-01-1
