This writer was reminded yesterday about the perception of certain dog breeds while walking down a neighborhood street. Coming up the last block near home was a lady with two tall perfectly matched in height and weight dogs; upon closer inspection one was a doberman pinscher and the other a black greyhound. My immediate instinct upon seeing the doberman was to move as far away from her as I could on the side of the road, while my other immediate instinct was to run up, ooh and awe, and ask to pet the greyhound, a favorite breed of mine. Rather than doing either I chose the middle response and walked calmly by both, smiled at the lady walking these two perfect specimens of each breed, and acknowledged how incredibly well-behaved and beautiful both dogs were.
For decades insurance companies have been engaged in such dog breed perception and discrimination when issuing, writing and pricing homeowners and renters insurance where certain dog breeds on premises are known to reside. Many carriers have had "bad dog" lists—lists of particular breeds that if they appeared on an application, the risk would be declined.
While dog bites claims are a real insurance concern, and can incur extensive medical costs and worse, the dog or mix of breed is less a factor than the behavior of a particular dog when it comes to biting. Many believe there is no such thing as a bad dog, only bad owners. However the position of many carriers is that particular large and strong breeds can cause serious, and occasionally fatal injuries. The states of New York and Nevada have both taken steps to remedy the insurance industry's discrimination of certain dog breeds, such as the doberman pinscher, pit bulls, pit bull mixes, chow chows, german shepherds and more in the homeowners and renters insurance market.
New York Senate Bill S4254, that has passed both the NY Senate and Assembly and is being sent to the Governor, prohibits insurers from refusing to issue or renew, or cancel, charge or impose an increased premium for homeowners insurance based upon the breed of the dog harbored or owned. The objective of this bill is to end breed discrimination by insurance companies in the homeowners market. Current New York insurance law suggests that the mere ownership of a particular breed of dog is a legitimate basis upon which an insurer can impose higher premiums. The legislation would eliminate this practice so that pet owners do not have to decide between keeping their pets or being able to afford homeowners insurance.
However, the bill does allow insurers to charge an additional premium or rating factor if a particular dog has been determined to be a dangerous dog pursuant to New York law's designation of such. Any premium increase must be based on sound actuarial principles based upon anticipated or actual loss.
The full body of the bill can be read here. Upon the signature of the Governor, the law will take effect ninety days postsignature and will apply to all policies issued, renewed, modified or altered after that effective date.