ARIZONA HOUSE OF REPRESENTATIVES Fifty-fifth Legislature Second Regular Session
	House: GE DP 10-3-0-0 | 3^rd Read 42-16-2-0 Senate: APPROP 8-2-0-0 | 3^rd Read 26-1-3-0

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HB 2323: homeowner's insurance; dogs; nondiscrimination

Sponsor: Representative Kavanagh, LD 23

Senate Engrossed

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. Defines the following terms:

a) Aggressive;

b) Breed;

c) Policy of insurance;

d) Provocation; and

e) Vicious. (Sec. 1)

Senate Amendments

1. Prohibits the breed of a dog from being considered in findings of facts or conclusions of law entered by a legal decision-maker regarding whether a dog is aggressive or vicious or has created liability for a dog bite and removes this provision from statute relating to homeowner's or renter's insurance.

2. Transfers the following definitions to statute relating to liability for dog bites:

a) Aggressive;

b) Provocation; and

c) Vicious.

3. Specifies that the breed of a dog may not be the sole factor considered or used for prescribed purposed relating to homeowner's or renter's insurance.

4. Deletes language relating to any other matter related to claims involving dogs under a policy of insurance included in the prohibition on the breed of a dog being considered.

5. Applies the provisions of this Act to new policies of insurance and renewed policies of insurance issued beginning July 1, 2023.

6. Makes technical and conforming changes.

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10.                   HB 2323

11. Initials SJ  Page 0 Senate Engrossed

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