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REFERENCE TITLE: homeowner's insurance; dogs; nondiscrimination |
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State of Arizona House of Representatives Fifty-fifth Legislature Second Regular Session 2022
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HB 2323 |
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Introduced by Representative Kavanagh
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AN ACT
amending title 20, chapter 6, article 7, Arizona Revised Statutes, by adding section 20-1510; relating to property insurance.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 20, chapter 6, article 7, Arizona Revised Statutes, is amended by adding section 20-1510, to read:
20-1510. Homeowner's or renter's insurance; dog breeds; prohibitions; definitions
A. The breed of a dog may not be considered or used for any of the following purposes:
1. Underwriting or actuarial processes for determining risk, liability, actual or potential losses or any other matter 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.
3. Findings of fact or conclusions of law entered by a court, administrative law judge, hearing officer, arbitrator or other legal decision maker regarding whether a dog is aggressive or vicious or has caused liability to occur, as part of determining coverage, liability or damages related to a policy of insurance.
B. For the purposes of this section:
1. "Aggressive" means that a dog has bitten a person or domestic animal without provocation or has a known history of attacking persons or domestic animals without provocation.
2. "breed" means the actual or perceived breed or mixture of breeds of a dog.
3. "Policy of insurance" means a homeowner's or renter's policy of insurance.
4. "Provocation" means tormenting, attacking or inciting a dog and includes the standard for determining provocation prescribed in section 11-1027.
5. "Vicious" means that a dog has a propensity to attack, to cause injury to or to otherwise endanger the safety of persons without provocation or has been found to have any of these traits after a hearing before a court of competent jurisdiction or before a hearing officer pursuant to section 11-1006.