BILL NUMBER:S2568

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 based on the breed of
dog owned

PURPOSE:
To prohibit insurers from cancelling a homeowner's liability insurance
policy based on the ownership of a specific breed of dog.

SUMMARY OF PROVISIONS:

Section 1. The insurance law is amended by adding a new section 3421
to read as follows: Homeowner's liability insurance; dogs. No insurer
issuing a policy or contract insuring against liability for injury to
any person, or injury to or destruction of property arising out of
ownership or lease of residential one, two, three or four dwelling
real property shall refuse to issue, renew or cancel for such policy
or contract based, in whole or in part, upon the harboring of any
specific breed or breeds of dog or dogs upon such real property. The
rates for that portion of any such policy or contract which insures
against liability for injury to any person, or injury to or
destruction of property shall be based on sound underwriting and
              

actuarial principles. However, if any such dog has been designated as
a dangerous dog pursuant to section one hundred twenty-three of the
agriculture and markets law, the provisions of this section shall in
no manner prohibit an insurer from refusing to issue or renew or from
cancelling any such contract or policy, nor from imposing an
increased premium or rate for such a policy or contract based on
sound underwriting 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.

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 viciousness
is not a specific breed characteristic. Viciousness can and does
occur in any breed of dog. Thus, cancelling a homeowner's liability
insurance policy
based on the dog owned is an impractical approach to regulation of
dogs. 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 legislation will prohibit insurers


from cancelling a homeowner's liability insurance policy based on his
or her ownership of a targeted breed of dog.

LEGISLATIVE HISTORY:
2000: S. 1929 - Referred to Insurance
2002: S. 402 - Referred to Insurance
2004: S. 3998 - Referred to Insurance
2006: S.2289 - Referred to Insurance
2008: S.3856 - Referred to Insurance
2012: S.5103 - Referred to Insurance

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:
This act shall take effect immediately and shall apply to all policies
issued, renewed, modified, altered or amended on or after such date.