STATE OF NEW YORK
        ________________________________________________________________________

                                          6867

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                       May 8, 2023
                                       ___________

        Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
          Committee on Insurance

        AN ACT to amend the insurance law, in relation  to  prohibiting  certain
          restrictions  as  it  relates  to  dog  breed;  and  to repeal certain
          provisions of such law relating thereto

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Section  3421  of the insurance law is REPEALED and a new
     2  section 3421 is added to read as follows:
     3    § 3421. Dogs; coverage refusal. (a) An insurer that issues or delivers
     4  a policy in this state shall not cancel,  refuse  to  issue,  refuse  to
     5  renew,  or increase the premium of a policy or exclude, limit, restrict,
     6  or reduce coverage under such policy  based  solely  upon  harboring  or
     7  owning any dog of a specific breed or mixture of breeds.
     8    (b)  The provisions of this section shall not prohibit an insurer from
     9  refusing to issue or renew or from canceling any such contract or  poli-
    10  cy,  nor from imposing a reasonably increased premium or rate for such a
    11  policy or contract based upon the designation of a dog of any  breed  or
    12  mixture  of  breeds  as  a dangerous dog pursuant to section one hundred
    13  twenty-three of the agriculture and markets law, based on  sound  under-
    14  writing  and actuarial principles reasonably related to actual or antic-
    15  ipated loss experience subject to the applicable provisions  of  section
    16  three thousand four hundred twenty-five of this article.
    17    (c)  This  section shall apply to policies of insurance if the insured
    18  or proposed insured is an individual.
    19    § 2. This act shall take effect on the ninetieth day  after  it  shall
    20  have become a law and shall apply to all policies issued, renewed, modi-
    21  fied, altered or amended on or after such effective date.


         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10473-01-3