ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

Second Regular Session

House: GE DP 10-3-0-0

HB 2323: homeowner's insurance; dogs; nondiscrimination

Sponsor: Representative Kavanagh, LD 23

Caucus & COW

Overview

Provides prohibitions on the consideration of a dog breed in relation to a policy of insurance.

History

Insurance is defined in statute as a contract by which a person undertakes to indemnify another or to pay a specified amount on determinable contingencies (A.R.S. § 20-103).

Provisions

1.   Prohibits the breed of a dog from being considered or used for any of the following purposes:

a)   Underwriting or actuarial processes for determining liability, risk, actual or potential losses or any other matter related to claims involving dogs under a policy of insurance;

b)   Surveys, questionnaires or other means of gathering information regarding possession, ownership or the presence of a dog on premises insured or to be insured under a policy of insurance; or

c)   Conclusions of law or findings of fact entered by a hearing officer, court, administrative law judge, arbitrator or other legal decision maker regarding whether a dog is vicious or aggressive or has caused liability to occur, as part of determining coverage, liability or damages related to a policy of insurance. (Sec. 1)

2.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteDefines the following terms:

a)   Aggressive;

b)   Breed;

c)   Policy of insurance;

d)   Provocation; and

e)   Vicious. (Sec. 1)

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i)                           HB 2323

j)   Initials SJ        Page 0 Caucus & COW

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