BILL NUMBER:S4822

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:  The objective of this legislation is to prevent insurance
companies from discriminating against homeowners and renters based on
the breed of dog that they own.

SUMMARY OF 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 permitted 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 particular 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 insurance, 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 overage based on the exact same breed
of dog that they may have protected the homeowners and the insurance
company from loss.

This bill would uphold the sanctity of the law by ending the
discrimination 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
companion animals.

LEGISLATIVE HISTORY: 2012 A.3507A

FISCAL IMPLICATIONS: None to the State

EFFECTIVE DATE:  This act shall take effect 90 days after it shall
have become law and shall apply to all policies issued, renewed,
modified, altered or amended on or after such effective date.