OLR Bill Analysis

sHB 5436 (as amended by House "A")*

AN ACT CONCERNING GUIDE OR ASSISTANCE DOGS AND AUTOMOBILE INSURANCE COVERAGE.

SUMMARY:

This bill sets the replacement value of a guide or assistance dog whose death an insured motor vehicle operator causes and specifies that the dog has to have been or be in the training process by a guide or assistance dog training organization that is a member in good standing of a professional association of guide or assistance dog organizations.

The bill requires that, for an uninsured driver and claim settlement purposes under an auto insurance policy's property damage liability provisions, the replacement value is the cost to replace the dog with a comparably trained guide or assistance dog. (All dogs are already considered property for purposes of settling property damage claims. )

Under the bill, when the owner attended or was in close proximity to the guide or assistance dog in the case of such an accident, a defendant may not use as a special defense that the dog was roaming at large on public land in violation of the law. By law, dogs must be attended by or under control of their owners at all times. An unattended or uncontrolled (a roaming) dog's unauthorized presence on property other than the owner's, including public highways, is prima facie evidence of a violation of the law and an infraction.

The bill also makes technical changes.

*House Amendment “A” eliminates a requirement that a replacement assistance or guide dog be from the same or similar facility from which the dog that died was obtained. It specifies that the (1) dog has to be trained by a training organization in good standing with professional association of guide or assistance dog organizations and (2) owner's attending or being in close proximity of the dog eliminates the roaming dog violation as a special defense.

EFFECTIVE DATE: January 1, 2010

COMMITTEE ACTION

Insurance and Real Estate Committee

Joint Favorable Substitute