S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   404

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  Sen.  ROBACH -- 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

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The insurance law is amended by adding a new section 3421
to read as follows:
  S 3421. HOMEOWNERS' LIABILITY INSURANCE;  DOGS.  1.  WITH  RESPECT  TO
HOMEOWNERS'  INSURANCE POLICIES AS DEFINED IN SECTION TWO THOUSAND THREE
HUNDRED FIFTY-ONE OF THIS CHAPTER, NO INSURER SHALL REFUSE TO  ISSUE  OR
RENEW, CANCEL, OR CHARGE OR IMPOSE AN INCREASED PREMIUM OR RATE FOR SUCH
POLICY  OR CONTRACT BASED, IN WHOLE OR IN PART, UPON HARBORING OR OWNING
A DOG OR DOGS OF A SPECIFIC BREED OR BREEDS OR A  DOG  OR  DOGS  "MIXED"
WITH A SPECIFIC BREED OR BREEDS.
  2.  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-ONE OF THE AGRICULTURE AND MARKETS LAW, BASED ON SOUND UNDERWRIT-
ING AND ACTUARIAL PRINCIPLES REASONABLY RELATED TO ACTUAL OR ANTICIPATED
LOSS EXPERIENCE SUBJECT TO THE APPLICABLE PROVISIONS  OF  SECTION  THREE
THOUSAND FOUR HUNDRED TWENTY-FIVE OF THIS ARTICLE.
  3.  THE  PROVISIONS OF THIS SECTION SHALL NOT PROHIBIT AN INSURER FROM
IMPOSING A REASONABLY INCREASED PREMIUM  OR  RATE  FOR  SUCH  POLICY  OR
CONTRACT  BASED  UPON PRIOR PAID LIABILITY CLAIMS ON THE INSURED'S HOME-
OWNERS' LIABILITY POLICY FOR LOSSES INCURRED DUE TO THE INSURED'S DOG OR
DOGS, IF THAT DOG OR DOGS STILL RESIDE IN THE INSURED'S HOME  OR  HOUSE-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD03506-01-9

S. 404                              2

HOLD,  BASED  ON  SOUND UNDERWRITING AND ACTUARIAL PRINCIPLES REASONABLY
RELATED TO ACTUAL OR ANTICIPATED LOSS EXPERIENCE SUBJECT TO THE APPLICA-
BLE PROVISIONS OF SECTION THREE THOUSAND  FOUR  HUNDRED  TWENTY-FIVE  OF
THIS ARTICLE.
  S  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.