Bill Text: NY A00561 | 2015-2016 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-01-06 - referred to insurance [A00561 Detail]

Download: New_York-2015-A00561-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          561
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 7, 2015
                                      ___________
       Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred 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:
    1    Section  1.  The insurance law is amended by adding a new section 3421
    2  to read as follows:
    3    S 3421. HOMEOWNER'S LIABILITY INSURANCE; DOGS. NO  INSURER  ISSUING  A
    4  POLICY  OR CONTRACT INSURING AGAINST LIABILITY FOR INJURY TO ANY PERSON,
    5  OR INJURY TO OR DESTRUCTION OF PROPERTY  ARISING  OUT  OF  OWNERSHIP  OR
    6  LEASE  OF  RESIDENTIAL  ONE,  TWO,  THREE OR FOUR DWELLING REAL PROPERTY
    7  SHALL REFUSE TO ISSUE, RENEW OR CANCEL FOR SUCH  A  POLICY  OR  CONTRACT
    8  BASED,  IN WHOLE OR IN PART, UPON THE HARBORING OF ANY SPECIFIC BREED OR
    9  BREEDS OF DOG OR DOGS UPON SUCH REAL  PROPERTY.    THE  RATES  FOR  THAT
   10  PORTION  OF  ANY SUCH POLICY OR CONTRACT WHICH INSURES AGAINST LIABILITY
   11  FOR INJURY TO ANY PERSON, OR INJURY TO OR DESTRUCTION OF PROPERTY  SHALL
   12  BE BASED ON SOUND UNDERWRITING AND ACTUARIAL PRINCIPLES. HOWEVER, IF ANY
   13  SUCH  DOG HAS BEEN DESIGNATED AS A DANGEROUS DOG PURSUANT TO SECTION ONE
   14  HUNDRED TWENTY-THREE OF THE AGRICULTURE AND MARKETS LAW, THE  PROVISIONS
   15  OF  THIS SECTION SHALL IN NO MANNER PROHIBIT AN INSURER FROM REFUSING TO
   16  ISSUE OR RENEW OR FROM CANCELLING ANY SUCH CONTRACT OR POLICY, NOR  FROM
   17  IMPOSING  AN  INCREASED  PREMIUM  OR  RATE FOR SUCH A POLICY OR CONTRACT
   18  BASED ON SOUND UNDERWRITING AND ACTUARIAL PRINCIPLES REASONABLY  RELATED
   19  TO  ACTUAL  OR  ANTICIPATED  LOSS  EXPERIENCE  SUBJECT TO THE APPLICABLE
   20  PROVISIONS OF SECTION THREE THOUSAND FOUR HUNDRED  TWENTY-FIVE  OF  THIS
   21  ARTICLE.
   22    S  2.  This  act  shall take effect immediately and shall apply to all
   23  policies issued, renewed, modified, altered or amended on or after  such
   24  date.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01496-01-5