Bill Text: NY S00084 | 2017-2018 | General Assembly | Introduced


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) 2018-01-03 - REFERRED TO INSURANCE [S00084 Detail]

Download: New_York-2017-S00084-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                           84
                               2017-2018 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     January 4, 2017
                                       ___________
        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:
     1    Section  1.  The insurance law is amended by adding a new section 3421
     2  to read as follows:
     3    § 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    §  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.
                                                                   LBD05428-01-7
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