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ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
AMENDED
homeowner's insurance; dogs; nondiscrimination
Purpose
Prohibits a dog's breed from being the sole factor considered or used for prescribed purposes relating to a homeowner's or renter's insurance policy (insurance policy) and from being considered or used for findings of fact or conclusions of law regarding whether a dog is aggressive or vicious or created liability for a dog bite.
Background
The owner of a dog which bites a person in a public place or lawfully on a private place is liable for damages suffered by the person bitten (A.R.S. § 11-1025). A person is lawfully in or on private property of a dog owner if the person is an invitee, guest or when a person is performing a duty imposed on the person by federal or state law (A.R.S. § 11-1026). Proof of provocation of attack by a person injured by a dog is an authorized defense to an action for damages and must be determined by whether a reasonable person would expect that the conduct or circumstances would likely provoke a dog (A.R.S. § 11-1027).
Insurance is a contract by which a person undertakes to indemnify another or to pay a specified amount on determinable contingencies (A.R.S. § 20-103).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits a dog's breed from being the sole factor considered or used for:
a) underwriting or actuarial processes for determining risk, liability, actual or potential losses related to claims involving dogs under an insurance policy; and
b)
questionnaires, surveys or other means of gathering information
regarding ownership, possession or the presence of a dog on the premises under
an insurance policy.
2. Prohibits
the breed of a dog from being considered in findings of facts 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 created
liability for a dog bite.
3. Defines aggressive as a dog that has bitten a person or domestic animal without provocation or has a history of attacking persons or domestic animals without provocation.
4. Defines breed as a dog's actual, perceived breed or mixture of breeds.
5. Defines policy of insurance as a homeowner's or renter's policy of insurance.
6. Defines provocation as tormenting, attacking or inciting a dog and includes the standard for determining provocation by whether a reasonable person would have expected that the conduct or circumstances would have provoked a dog.
7. Defines vicious as a dog that:
a) has a propensity to attack, cause injury to or otherwise endanger the safety of persons without provocation; or
b) was found to have any of these traits after a hearing before a court of competent jurisdiction or before a hearing officer.
8. Applies this legislation to new policies of insurance and renewed policies of insurance issued beginning July 1, 2023.
9. Makes technical and conforming changes.
10. Becomes effective on the general effective date.
Amendments Adopted by the Committee of the Whole
1.
Prohibits the breed of a dog from being considered in findings of facts
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 created
liability for a dog bite, rather than relating to homeowner's or renter's
insurance.
2. Prohibits the breed of a dog from being the sole factor considered or used for outlined purposes relating to homeowner's or renter's insurance policies involving dogs.
3. Redefines aggressive, breed, provocation and vicious.
4. Applies this legislation to new policies of insurance and renewed policies of insurance issued beginning July 1, 2023.
5. Makes technical and conforming changes.
House Action Senate Action
COM 1/31/22 W/D APPROP 3/29/22 DP 8-2-0
GE 2/16/22 DP 10-3-0-0
3rd Read 3/17/22 42-16-2
Prepared by Senate Research
May 2, 2022
LMM/IJ/sr