New Jersey Considering Legislation On Dog Breed Restrictions In Homeowners Insurance

No other state prohibits insurers from considering a homeowner’s dog’s breed when underwriting a homeowners or rental insurance policy.

Pennsylvania law requires owners of a dangerous dog to have liability insurance of at least $ 50,000 and prohibits a policy from excluding coverage for any specific dog breed. The law does not prevent an insurer from setting premium rates to reflect the risk presented by the dangerous dog, which is defined generally as a dog that has attacked a person or domestic animal without provocation.

The law does not prevent an insurer from underwriting the risk associated with a dog that does not meet this definition. Pennsylvania case law, in a ruling on whether canceling a policy based on a dog’s breed is an unfair insurance practice, holds that a dog’s breed does not justify canceling or not renewing a policy unless there is proof that the particular dog creates a “substantial increase of hazard” in the risk assumed by the insurer (i. e. it is a dangerous dog).

Connecticut is considering legislation this session that prohibits insurers from setting policy rates or canceling, not renewing, or refusing to issue a policy based on an insured’s dog’s breed, but permits such actions based on a three-year claims history related to or a risk evaluation of the particular dog (sHB 6543).

At least eight other states are considering legislation this session that would prohibit or restrict insurers from considering a homeowner’s dog’s breed when underwriting a homeowners or rental insurance policy: Hawaii, Maine, New Jersey, New York, Oregon, Tennessee, Washington, and West Virginia.