LRB-1945/1
CMH&PJK:kjf:jf
2005 - 2006 LEGISLATURE
April 22, 2005 - Introduced by Representatives Lehman, Hahn and Mursau.
Referred to Committee on Insurance.
AB363,1,2
1An Act to create 632.235 of the statutes;
relating to: coverage under a liability
2insurance policy for owners of dogs.
Analysis by the Legislative Reference Bureau
Current law does not prohibit an insurer from denying, or from basing
premiums for, coverage under a liability insurance policy to a dog owner because of
the particular breed of dog he or she owns. This bill prohibits an insurer from
denying, or from basing premiums for, coverage under a liability insurance policy to
a dog owner because of the breed of dog he or she owns. The bill permits an insurer
to deny, or to base premiums for, coverage under a liability insurance policy to a dog
owner only because of the past behavior of his or her dog. If the dog owner knows that
his or her dog has been used in the commission of a crime or has previously injured
a person, domestic animal, or property, then the insurer may generally deny coverage
or increase the premium for coverage.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB363, s. 1
3Section
1. 632.235 of the statutes is created to read:
AB363,2,2
4632.235 Denial of coverage based on dog ownership. (1) No insurer
5authorized to write liability coverage may deny, or impose an increased premium for,
1coverage under a liability insurance policy because the person to be covered is a dog
2owner and owns a particular breed of dog.
AB363,2,7
3(2) (a) An insurer authorized to write liability insurance may deny, or impose
4an increased premium for, coverage under a liability insurance policy because the
5person to be covered is a dog owner only if the dog owner knows that his or her dog
6has been used in the commission of a crime or that his or her dog previously injured
7a person, domestic animal, or property.
AB363,2,128
(b) An insurer may not deny coverage or impose an increased premium for
9coverage under par. (a) if the dog owner would be immune from liability under s.
10895.57 (4) or if the dog is used by a law enforcement agency, as defined in s. 165.83
11(1) (b), and the dog injures a crime suspect while the dog is performing law
12enforcement functions.
AB363,2,1514
(1) This act first applies to insurance policies that are issued or renewed on the
15effective date of this subsection.
