ANIMALS; DISCRIMINATION; INSURANCE (GENERAL);

ANIMALS - LEGISLATION;

You asked whether state or federal law authorizes or prohibits insurers from discriminating against homeowners who have certain breeds of dogs, e. g. , pit bulls. You also asked what the legislature could do to address this situation.

Neither federal nor state law specifically addresses your first question, but it appears that several insurers deny homeowner’s or renter’s coverage to people who own specific breeds of dogs, or charge them higher rates, based on the belief that the breeds are responsible for larger than normal claims. A June 3, 2003 CBS News story asserts that dog bites cost the insurance industry $ 300 million per year. A text version of the story is available at http: //www. cbsnews. com/stories/2003/06/03/eveningnews/main556774. shtml. According to the American Veterinary Medicine Association, breeds that have been affected include pit bull-type dogs, Rottweilers, Doberman Pinschers, Chow Chows, Akitas, Siberian Huskies, and German Shepherds. There is no industry-wide standard for how to underwrite and rate breeds, according to the National Association of Independent Insurers. Some insurers examine a dog’s individual history rather than the breed.

The legislature has several options to respond to this situation. These include (1) barring insurers from refusing to sell or renew a policy based on the breed of dog owned by the insured, (2) barring insurers from charging higher rates on the basis of breed, or (3) allowing an insurer to discriminate on the basis of breed only if it demonstrates to the Insurance Department that ownership of the breed is associated with higher claims. Legislation was introduced in Connecticut in 1999 that would have barred rate discrimination on the basis of breed. The Insurance and Real Estate Committee heard the bill (HB 6469) but took no further action on it. Legislation to ban discrimination on the basis of breed has been proposed, but not adopted, in California, New York, and several other states. Further information on this issue is available on the Website of the American Kennel Club, http: //www. akc. org/life/homeins/model_legislation. cfm.

KM: ro