Fiscal Summary

NOT SIGNIFICANT

Bill Summary

This bill prohibits an insurer from doing the following based solely on the specific breed or mixture of breeds of a dog that lives or is otherwise cared for on the property for which the insured has or is seeking the policy:

(1) Refusing to issue a homeowner's insurance policy, renter's insurance policy, or policy of insurance that covers a manufactured or mobile home;

(2) Terminating such policy prior to the expiration of such policy period;

(3) Refusing to renew such policy; or

(4) Increasing a premium or rate for such policy.

However, this bill clarifies that it does not prohibit an insurer from taking an action described in (1)-(4) based on sound underwriting and actuarial principles on the basis that a particular dog that lives or is otherwise cared for on the property is a potentially vicious dog or vicious dog as defined in present law.

Present law defines a "potentially vicious dog" as a dog that may reasonably be assumed to pose a threat to public safety as demonstrated by the following behaviors:

(1) When unprovoked and off the property of the owner or keeper of the dog, inflicts a bite causing bodily injury to a person or domestic animal; or

(2) When unprovoked and off the property of the owner or keeper of the dog, on two or more separate occasions, chases, menaces or approaches a person or domestic animal in an aggressive manner or apparent attitude of attack.

Present law defines a "vicious dog" as a dog that, without provocation and off the property of the owner or keeper of the dog, has attacked a person causing death or serious bodily injury to such person.

This bill further prohibits an insurer from asking or inquiring about the specific breed or mixture of breeds of a dog that lives or is otherwise cared for on the property, except to ask if the dog is a potentially vicious dog or vicious dog.

If an insurer violates this bill, then such violation constitutes a violation of the Unfair Trade Practices and Unfair Claims Settlement Act of 2009, and subjects the insurer to the penalties and remedies as provided in that act, including the commissioner of commerce and insurance bringing an action in the chancery court of Davidson County to enjoin the violation and enforce compliance.

This bill applies to policies entered into, amended, or renewed on or after July 1, 2023.