NY State Senate Bill 2015-S3620

Senate Bill S3620

2015-2016 Legislative Session

Prohibits insurers from cancelling a homeowner's liability insurance policy based on the ownership of a specific breed of dog

download bill text pdf

Archive: Last Bill Status - In Senate Committee Insurance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to insurance
Feb 13, 2015	referred to insurance

2015-S3620 (ACTIVE) - Details

See Assembly Version of this Bill:: A561
Current Committee:: Senate Insurance
Law Section:: Insurance Law
Laws Affected:: Add §3421, Ins L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S5103
2013-2014: S2568, A6957
2017-2018: S84, A3464
2019-2020: A1025
2021-2022: A549

2015-S3620 (ACTIVE) - Summary

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.

2015-S3620 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3620

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:

S.2568 of 2013-2014 (Ball): Died in Insurance (2013)/Enacting Clause
Stricken (2014) A.6957 of 2013-2014 (Rosenthal): Died in 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.

2015-S3620 (ACTIVE) - Bill Text download pdf

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

                                  3620

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 13, 2015
                               ___________

Introduced  by  Sen. HOYLMAN -- 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  cancelling,  refusing  to  issue  or renew homeowner's 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. 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  A  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.
  S  2.  This  act  shall take effect immediately and shall apply to all
policies issued, renewed, modified, altered or amended on or after  such
date.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01496-01-5

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