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ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
REVISED
homeowner's insurance; dogs; nondiscrimination
Purpose
Prohibits a dog's breed from being considered or used for prescribed purposes relating to a homeowner's or renter's insurance policy (insurance policy).
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 U.S. 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 considered or used for:
a) underwriting or actuarial processes for determining risk, liability, actual or potential losses or any other matter related to claims involving dogs under an insurance policy;
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; and
c) findings of fact or conclusions of law by a legal decision maker regarding whether a dog is aggressive, vicious or has caused liability to occur as part of determining coverage, liability or damages related to an insurance policy.
2. Defines aggressive as a dog that has bitten a person or domestic animal without provocation or has a history of biting persons or domestic animals without provocation.
3. Defines breed as a dog's actual, perceived breed or mixture of breeds.
4. Defines policy of insurance as a homeowner's or renter's policy of insurance.
5. 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.
6. 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.
7. Becomes effective on the general effective date.
Revisions
· Adds a fiscal impact statement.
House Action
COM 1/31/22 W/D
GE 2/16/22 DP 10-3-0-0
3rd Read 3/17/22 42-16-2
Prepared by Senate Research
April 29, 2022
LMM/IJ/sr/slp