Bill Text: NY A03507 | 2011-2012 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Prohibits insurers from refusing to issue or renew, cancel, or charge or impose an increased premium for homeowners' insurance policies based on the breed of a dog owned.

Spectrum: Strong Partisan Bill (Democrat 11-1)

Status: (Engrossed - Dead) 2012-06-20 - REFERRED TO RULES [A03507 Detail]

Download: New_York-2011-A03507-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3507
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 25, 2011
                                      ___________
       Introduced  by  M. of A. GLICK, SWEENEY, O'DONNELL, ENGLEBRIGHT, COLTON,
         McDONOUGH -- Multi-Sponsored by -- M. of A. PHEFFER -- read  once  and
         referred 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:
    1    Section 1. The insurance law is amended by adding a new  section  3421
    2  to read as follows:
    3    S  3421.  HOMEOWNERS'  LIABILITY  INSURANCE;  DOGS. 1. WITH RESPECT TO
    4  HOMEOWNERS' INSURANCE POLICIES AS DEFINED IN SECTION TWO THOUSAND  THREE
    5  HUNDRED  FIFTY-ONE  OF THIS CHAPTER, NO INSURER SHALL REFUSE TO ISSUE OR
    6  RENEW, CANCEL, OR CHARGE OR IMPOSE AN INCREASED PREMIUM OR RATE FOR SUCH
    7  POLICY OR CONTRACT BASED, IN WHOLE OR IN PART, UPON HARBORING OR  OWNING
    8  A  DOG  OR  DOGS  OF A SPECIFIC BREED OR BREEDS OR A DOG OR DOGS "MIXED"
    9  WITH A SPECIFIC BREED OR BREEDS.
   10    2. THE PROVISIONS OF THIS SECTION SHALL NOT PROHIBIT AN  INSURER  FROM
   11  REFUSING  TO ISSUE OR RENEW OR FROM CANCELING ANY SUCH CONTRACT OR POLI-
   12  CY, NOR FROM IMPOSING A REASONABLY INCREASED PREMIUM OR RATE FOR SUCH  A
   13  POLICY  OR  CONTRACT BASED UPON THE DESIGNATION OF A DOG OF ANY BREED OR
   14  MIXTURE OF BREEDS AS A DANGEROUS DOG PURSUANT  TO  SECTION  ONE  HUNDRED
   15  TWENTY-ONE OF THE AGRICULTURE AND MARKETS LAW, BASED ON SOUND UNDERWRIT-
   16  ING AND ACTUARIAL PRINCIPLES REASONABLY RELATED TO ACTUAL OR ANTICIPATED
   17  LOSS  EXPERIENCE  SUBJECT  TO THE APPLICABLE PROVISIONS OF SECTION THREE
   18  THOUSAND FOUR HUNDRED TWENTY-FIVE OF THIS ARTICLE.
   19    3. THE PROVISIONS OF THIS SECTION SHALL NOT PROHIBIT AN  INSURER  FROM
   20  IMPOSING  A  REASONABLY  INCREASED  PREMIUM  OR  RATE FOR SUCH POLICY OR
   21  CONTRACT BASED UPON PRIOR PAID LIABILITY CLAIMS ON THE  INSURED'S  HOME-
   22  OWNERS' LIABILITY POLICY FOR LOSSES INCURRED DUE TO THE INSURED'S DOG OR
   23  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.
                                                                  LBD01916-01-1
       A. 3507                             2
    1  HOLD, BASED ON SOUND UNDERWRITING AND  ACTUARIAL  PRINCIPLES  REASONABLY
    2  RELATED TO ACTUAL OR ANTICIPATED LOSS EXPERIENCE SUBJECT TO THE APPLICA-
    3  BLE  PROVISIONS  OF  SECTION  THREE THOUSAND FOUR HUNDRED TWENTY-FIVE OF
    4  THIS ARTICLE.
    5    S  2.  This  act shall take effect on the ninetieth day after it shall
    6  have become a law and shall apply to all policies issued, renewed, modi-
    7  fied, altered or amended on or after such effective date.