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History
- Referred to insurance
- Referred to insurance
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Sponsor's memo
BILL NUMBER:S1710
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 if the dog completes an approved obedience course
Purpose or general idea of bill
To limit insurers' ability to summarily cancel insurance coverage, raise rates or refuse to renew homeowners insurance policies based on the breed of dog such insured owns.
Summary of specific provisions
The insurance law is amended by adding a new section 342 I. This section provides that no insurer shall refuse to issue or renew, cancel, charge or impose an increased rate for such policy based on harboring a dog or dogs of a specific breed or "mixed" breed. Section 2 provides that an insurer is not prohibited from refusing to issue or renew, cancel, or charge or impose an increased rate for such policy based on a dog's designation as a "dangerous dog" pursuant to section 121 of the agriculture and markets law. However, before the insurance company may do any of the above, it must offer the homeowner the opportunity to enroll their dog in an approved obedience course. The insurer shall provide the dog 90 days to successfully complete such course. If the course lasts longer than 90 days the homeowner may show proof that the course lasts longer than 90 days and shall receive an additional 60 days to complete such course. If the dog successfully completes a course the insurer is prohibited from refusing to issue or renew, cancel, charge or impose an increased rate for such policy based upon the designation of such dog as dangerous.
Effects of present law which this bill would alter
Currently insurers are allowed to refuse to issue or renew, cancel, charge or impose an increased rate for a homeowners' policy based on ownership of certain breeds of dog.
Justification
No species of dog is inherently dangerous. Each dog is a unique individual with a unique personality that is influenced by their own personal experiences and training. When a dog becomes "dangerous" it is often because their owners encourage aggressiveness or poor socialization with humans or other dogs. A conscientious homeowner should not be punished simply because they own a dog that insurers consider a "dangerous breed". While insurance companies will site statistics that certain breeds of dog bite or behave aggressively more than others, each dog is a unique individual who mayor may not become aggressive. Insurers must allow homeowners the opportunity to properly train a dog through an approved course before being allowed to refuse to issue, renew, cancel, or charge increased rates. A proper training course will encourage good behavior and socialization before problems start. This is similar to reducing rates when an insured purchases a burglar or car alarm, takes a defensive driving
course etc. When an insured takes steps to ensure that their dog will behave properly, the insurer must recognize these efforts.
Legislative history
S.3112 of 2007 02/23/07 Referred to Insurance 01/07/09 REFERRED TO INSURANCE 01/06/10 REFERRED TO INSURANCE
Fiscal implications for state and local governments
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 effective date.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.