Arizona, dog breeds and home insurance policies
The Arizona Department of Insurance and Financial Institutions has announced a new law regarding dogs and homeowners policies that goes into effect June 30, 2023.
Dogs have long been a concern in homeowners insurance, as evidenced by the number of statutes concerning dog liability, leash laws, and various state restrictions concerning insurers banning certain breeds and other canine-based underwriting criteria. Arizona is the latest state to address the issue, with new law A.R.S. §20-1510 becoming effective June 30, 2023.
The law makes it clear that an insurer may not discriminate against an insured because of the breed of a dog an insured owns, and that the breed of an insured’s dog may not be the sole reason for any underwriting action.
Two terms are defined, “breed” and “policy of insurance.” “Breed” is defined as the actual or perceived breed or mixture of breeds of a dog. Note that actual breed, perceived breed and mix of breed are included. There is often much confusion about some breeds that are considered aggressive such as Pit Bulls. However, a Pit Bull is actually a type of dog, and not a breed per se. Many breeds are considered to be types of Pit Bulls such as American Pit Bull Terriers, American Staffordshire Terriers, Presa Canario, Bull Terrier, American Bulldog and others. The dogs share similar characteristics and can be difficult to distinguish. Because some of these breeds have been used in dog fighting, the breeds have gained a reputation for being aggressive and dangerous, although this is often due to training and not innate characteristics.
These are not the only breeds, however, that have been discriminated against. Many insurers at one point had lists of dogs they did not want to provide coverage for; these lists often included Chow Chows, Doberman Pinschers, German Shepherds, and other large dogs that can seriously injure someone if the dog attacks. The American Veterinary Medical Association says that any dog can bite, and that the dog’s individual history and behavior will determine whether it will bite, as well as the actions of the human involved. Both dogs and people need to be taught how to behave together.
“Policy of insurance” is defined as a homeowner’s or renter’s policy. This is because much of the problem with breed bans has occurred within the personal lines policies of insureds with certain dog breeds for pets. The law reads as follows: A.R.S. § 20-1510. Homeowner’s or renter’s insurance; dog breeds; prohibitions; definitions
A. The breed of a dog may not be the sole factor considered or used for any of the following purposes:
1. Underwriting or actuarial processes for determining risk, liability or actual or potential losses related to claims involving dogs under a policy of insurance.
2. Questionnaires, surveys or other means of gathering information regarding ownership or possession of a dog or the presence of a dog on premises insured or to be insured under a policy of insurance.
B. For the purposes of this section:
1. “Breed” means the actual or perceived breed or mixture of breeds of a dog.
2. “Policy of insurance” means a homeowner’s or renter’s policy of insurance.
The law and answers to frequently asked questions about the lat may be found here.
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