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ARIZONA HOUSE OF REPRESENTATIVESFifty-fifth Legislature Second Regular Session |
House: GE DP 10-3-0-0 | 3rd Read 42-16-2-0
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HB 2323: homeowner's insurance; dogs; nondiscrimination
Sponsor: Representative Kavanagh, LD 23
Transmitted to the Governor
Overview
Provides prohibitions on the consideration of a dog breed in relation to a policy of insurance and liability for dog bites.
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 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. (Sec. 1)
2. Stipulates that the breed of a dog may not be the sole factor considered or used for any of the following purposes:
a) Underwriting or actuarial processes for determining liability, risk or actual or potential losses related to claims involving dogs under a policy of insurance; or
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; (Sec. 2)
3. Applies the provisions of this Act to new policies of insurance and renewed policies of insurance issued beginning July 1, 2023. (Sec. 3)
4. Defines the following terms:
a) Aggressive;
b) Breed;
c) Policy of insurance;
d) Provocation; and
e) Vicious. (Sec. 1, 2)
5. Makes technical and conforming changes. (Sec. 1)
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9. HB 2323
10. Initials SJ Page 0 Transmitted
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