REFERENCE TITLE: homeowner's insurance; dogs; nondiscrimination





State of Arizona

House of Representatives

Fifty-fifth Legislature

Second Regular Session





HB 2323


Introduced by

Representative Kavanagh





amending title 20, chapter 6, article 7, Arizona Revised Statutes, by adding section 20-1510; relating to property insurance.





Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 20, chapter 6, article 7, Arizona Revised Statutes, is amended by adding section 20-1510, to read:

START_STATUTE20-1510. Homeowner's or renter's insurance; dog breeds; prohibitions; definitions

A. The breed of a dog may not be considered or used for any of the following purposes:

1. Underwriting or actuarial processes for determining risk, liability, actual or potential losses or any other matter related to claims involving dogs under a policy of insurance.

2. Questionnaires, surveys or other means of gathering information regarding ownership or possession of a dog or the presence of a dog on premises insured or to be insured under a policy of insurance.

3. Findings of fact 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 caused liability to occur, as part of determining coverage, liability or damages related to a policy of insurance.

B. For the purposes of this section:

1. "Aggressive" means that a dog has bitten a person or domestic animal without provocation or has a known history of attacking persons or domestic animals without provocation.

2. "breed" means the actual or perceived breed or mixture of breeds of a dog.

3. "Policy of insurance" means a homeowner's or renter's policy of insurance.

4. "Provocation" means tormenting, attacking or inciting a dog and includes the standard for determining provocation prescribed in section 11-1027.

5. "Vicious" means that a dog has a propensity to attack, to cause injury to or to otherwise endanger the safety of persons without provocation or has been found to have any of these traits after a hearing before a court of competent jurisdiction or before a hearing officer pursuant to section 11-1006. END_STATUTE