Tag Archives: insurance discrimination

New York bill to prohibit insurance discrimination ordered to third reading

Last year a bill was introduced in the New York state legislature that would address breed discrimination in insurance practices.

The bill, A3952, would prohibit insurance companies that conduct business in New York state from canceling or refusing to issue a policy based solely on the breed of the clients dogs.  The bill died in the Senate during the 2013 session because the session ended.

Not only would this bill prevent companies from refusing to issue or canceling coverage, this bill would also prevent differential pricing based on the breed of dog of the insured.

The direct language of the bill states that,

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 SOLELY UPON HARBORING OR OWNING ANY  DOG  OF  A
    8  SPECIFIC BREED OR MIXTURE OF BREEDS.

The bill does not prevent insurers from canceling or refusing coverage to dogs who have been declared dangerous or have a bite history or history of aggressive behavior specific to that dog.

On January 8th the bill was reintroduced to the New York legislature.   The Senate returned the bill to assembly.    The bill was then ordered to its third reading.

A3952 is on the calendar for  Wednesday, January 22nd 2014.

This bill would help so many people in the community.

It would help renters by eliminating discriminatory policies for those who own property, making it easier for landlords who would be open to renting to some one with a targeted dog to do so.  This increases housing options and as a result, owner retention in situations where people have to move.

They also help to compensate victims of dog bites by increasing the pool of covered owners.

They also help a lot of dog owners.  Insurance companies can restrict any breed of dog they wish.  There are currently quite a few breeds and mixes that cannot get coverage.  This is NOT just a “pit bull” issue.  It effects the owners of German Shepherds, Chow Chows, Rottweilers, Akita, Husky, Malamute, every dog that is on one insurance list or another.

NEW YORK RESIDENTS:  Please reach out now and tell your legislators that you support this bill.

You can find you Assembly members on the states website here.

Because of the powerful opposition to any form of insurance regulations, it is incredibly important that legislators constituents reach out to support such measures.

New York A3952 to end discriminatory practises in insurance advances

UPDATE:  Unfortunately the New York legislative session has ended without any further action on this bill.  Hopefully with the advancement this bill saw at the end of this session, a similar bill will be brought forward in the near future.

Earlier this year a bill was introduced in the New York state legislature that would prohibit insurance companies from refusing coverage or renewal of a policy based on the breed or type of dog the applicant has.  Additionally this bill would also prohibit an insurance company from charging a different rate to a person because of the type of dog they own.

The bill text:

S 3421. HOMEOWNERS’ LIABILITY INSURANCE; DOGS. 1. WITH RESPECT TO HOMEOWNERS’ INSURANCE POLICIES AS DEFINED IN SECTION TWO THOUSAND  THREE HUNDRED  FIFTY-ONE  OF THIS CHAPTER, NO INSURER SHALL REFUSE TO ISSUE OR RENEW, CANCEL, OR CHARGE OR IMPOSE AN INCREASED PREMIUM OR RATE FOR SUCH POLICY OR CONTRACT BASED SOLELY UPON HARBORING OR OWNING ANY DOG OF A SPECIFIC BREED OR MIXTURE OF BREEDS.
2. THE PROVISIONS OF THIS SECTION SHALL NOT PROHIBIT AN INSURER FROM REFUSING TO ISSUE OR RENEW OR FROM CANCELING ANY SUCH CONTRACT OR POLICY, NOR FROM IMPOSING A REASONABLY INCREASED PREMIUM OR RATE FOR SUCH A POLICY OR CONTRACT BASED UPON THE DESIGNATION OF A DOG OF ANY BREED OR MIXTURE OF BREEDS AS A DANGEROUS DOG PURSUANT TO SECTION ONE HUNDRED TWENTY-THREE OF THE AGRICULTURE AND MARKETS LAW, BASED ON  SOUND UNDERWRITING  AND ACTUARIAL PRINCIPLES REASONABLY RELATED TO ACTUAL OR ANTICIPATED LOSS EXPERIENCE SUBJECT TO THE APPLICABLE PROVISIONS  OF  SECTION THREE THOUSAND FOUR HUNDRED TWENTY-FIVE OF THIS ARTICLE.

After a rather long period on inactivity this bill is moving forward.  The bill has passed the full Assembly and has moved on to the Senate side of the legislature.

Bills of this kind can be very difficult to pass because of the prevalence of the insurance lobby in the legislature. There is often staunch opposition to them.  The fact that the bill made it this far with the amount of votes it received is promising.  The bill passed Assembly with a comfortable majority of 105-34.

However, it is incredibly important the New York residents step up and make their voice heard.

The bill has been referred to the Senate Insurance Committee.  Please reach out and ask them to pass this bill to allow all residents of the state to be able to get insurance.  This bill not only helps dog owners but also helps victims of dog bites, insuring that they receive some kind of compensation for an incident the requires medical care.

Contact information for the committee members:
Senator James Seward: seward@nysenate.gov
Senator Neil Breslin: breslin@senate.state.ny.us
Senator David Carlucci: carlucci@nysenate.gov
Senator Adriano Espailla: espailla@nysenate.gov
Senator John Flanagan: flanagan@nysenate.gov
Senator Martin Golden: golden@nysenate.gov
Senator Mark Grisanti: grisanti@nysenate.gov
Senator Timothy Kennedy: kennedy@nysenate.gov
Senator Andrew Lanza: lanza@senate.state.ny.us
Senator William Larkin: larkin@senate.state.ny.us
Senator Kenneth LaValle: lavalle@nysenate.gov
Senator Jack Martins: martins@nysenate.gov
Senator Ted O’Brein: obrien@nysenate.gov
Senator Thomas O’Mara: omara@nysenate.gov
Senator Kevin Parker: parker@senate.state.ny.us
Senator Jose Peralta: jperalta@nysenate.gov
Senator James Seward: seward@nysenate.gov
Senator Toby Ann Stavisky: stavisky@senate.state.ny.us
Senator David Valesky: valesky@nysenate.gov
Senator Catharine Young: cyoung@senate.state.ny.us

Maryland bill to address breed discrimination by insurance tabled

A little while ago we issued an alert for a bill that was introduced in Maryland to prevent breed discrimination by insurance companies.

As a result of the hearings on this bill the committee has decide to table the bill to wait and see what is any effects the court of appeals ruling of Tracey v. Solesky will have on dog owners in the insurance market.

Tabling a bill is not uncommon, and is usually done as a measure to gather more information so the bill does not have to be refiled and start over from the beginning.

While this is not necessarily the best outcome it is not the worst either.  Legislators have shown a willingness to keep the matter open for discussion.