Home     Law Advice     Insurance Advice     Community    
Homeowners Insurance : Includes Fire, Theft, Personal Property, & Umbrella Insurance.
Go Back   FreeAdvice Legal Forum > INSURANCE > Homeowners Insurance

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 10-25-2009, 11:38 AM
Junior Member
 
Join Date: Oct 2009
Posts: 2

PA homeowners insurance


What is the name of your state (only U.S. law)? PA

I know that in PA it is illegal for an insurer to discriminate based on your dog's breed. So are they even allowed to ask me my dog's breed? (I have a mastiff)

Thanks
  #2  
Old 10-25-2009, 11:47 AM
Senior Member
 
Join Date: Jan 2005
Posts: 21,653
Quote:
Originally Posted by pskippy781 View Post

I know that in PA it is illegal for an insurer to discriminate based on your dog's breed.
Please cite the law...

ETA: Upon a bit more reading - you're right. HOWEVER, the insurance company CAN set the premium rates based on the breed. So, you and your lovely mastiff may end up paying a much larger premium than the guy next door with a toy poodle.
__________________
*
*
The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision.

Communication is KEY - 10 mins of talking now can save you months of headaches later!

Masterfully stating the obvious to the oblivious! (Thanks SP!)

Tell it like it is! When all else fails, make up a statistic!

Gender references shall apply equally to the other gender. I will not correct gender mistakes (unless I want to)

Last edited by Zigner; 10-25-2009 at 11:49 AM.
  #3  
Old 10-25-2009, 12:14 PM
Senior Member
 
Join Date: Jul 2009
Location: New York. Long Island.
Posts: 998
I disagree...

They absolutely can deny you liability coverage due to your breed of dog.

they can also deny you liability if you have a trampoline.

Or if you have a pool that is not enclosed properly.

Or if your house is too old, and not in good condition.

Or if you have 3 or more steps without a railing.

Its not discrimination, its risk management.

Maybe you can get the company to provide you with fire insurance without liability.

Pa is restricted from denying coverage for unfair reasons, and the breed of dog is in no way unfair. It is a fact that certain breeds of dogs are more likely to injure somebody, and opens the company to too much risk. Which they can deny.

Plus dog breed is not a protected class.

Underwriting guidelines are what are used to decide whether or not to take on a risk, and those guidelines are different for each company.

Discrimination would be they wont insure you because of your race.

Happens all the time.

Quote:
Information is available to consumers from a number of unbiased
sources. These sources include public libraries, consumer groups and
consumer publications. The Pennsylvania Insurance Department has
personnel available to answer questions regarding home insurance
coverage. Please call our toll-free automated consumer hotline at 1-
877-881-6388.
  #4  
Old 10-25-2009, 12:19 PM
Senior Member
 
Join Date: Feb 2005
Posts: 3,346
[url]http://www.agriculture.state.pa.us/agriculture/lib/agriculture/doglawfiles/act119_2008.pdf[/url]

The dog law requires insurance for dogs which have been deemed dangerous. Then it goes on to say (page 33)

Quote:
Insurance coverage discrimination.--No liability policy or surety bond issued pursuant to this act or any other act may prohibit coverage from any specific breed of dog.
But it clearly does not say anything about rates, just that coverage for dangerous dogs cannot be refused. And it certainly doesn't put restrictions on the insurers asking questions or adding other restrictions, such as rules on fencing and enclosures.
  #5  
Old 10-25-2009, 12:19 PM
Senior Member
 
Join Date: Jul 2009
Location: New York. Long Island.
Posts: 998
Quote:
Friday, May 30, 2008
PA- Bill to allow Local Breed Specific Legislation

PA Bill to Allow Local BSL
Print This Article
[Thursday, May 22, 2008]
Pennsylvania House Bill 2553 will remove the state's prohibition on breed specific local ordinances, thereby allowing municipalities to adopt any type of law applicable to dangerous dogs, including breed-specific ordinances. It is imperative that concerned dog owners in Pennsylvania contact their legislators and express their strong opposition to this bill.
http://doglawsatlarge.blogspot.com/2008/05/pa-bill-to-allow-local-breed-specific.html

Maybe someone can explain what this is to me.
  #6  
Old 10-25-2009, 12:35 PM
Senior Member
 
Join Date: Feb 2005
Posts: 3,346
Quote:
[url=http://doglawsatlarge.blogspot.com/2008/05/pa-bill-to-allow-local-breed-specific.html]Dog Laws At Large: PA- Bill to allow Local Breed Specific Legislation[/url]

Maybe someone can explain what this is to me.
That proposed law is not insurance related. But it is in response to the dog law that I posted before.

Just before the provision I quoted, and also on page 33 is

Quote:
(c) Local ordinances.-- Those provisions of local ordinances relating to dangerous dogs are hereby abrogated. A local ordinance otherwise dealing with dogs may not prohibit or otherwise limit a specific breed of dog.
Which told all cities and counties that their local dog laws banning specific breeds were invalid. This pissed of the locals who thought that they knew best how to manage their own communities. The proposed bill was a way to remove the restriction against breed-specific laws at the county and city level. I do not know the status of that bill.
  #7  
Old 10-25-2009, 12:45 PM
Junior Member
 
Join Date: Oct 2009
Posts: 2
That's the first I've seen about the local BSL in PA. I just wanted to make sure I was understanding the law correctly. I think I got my answer. It is in fact illegal for an insurance company to deny covereage based on breed ([url=http://www.cga.ct.gov/2005/rpt/2005-R-0399.htm]Dog Breed Restrictions in Homeowners Insurance[/url]) but it is required that someone with a dangerous dog have at least $50,000 liability coverage. And dangerous is basically defined as a dog who has attacked without provocation. But I can certainly be charged more for having my gentle giant. Ironic since the yapper next door has bitten more people than my dog has barked at.

Thanks everybody.
"Punish the deed, not the breed"
  #8  
Old 10-25-2009, 01:04 PM
Senior Member
 
Join Date: Jan 2005
Posts: 21,653
Quote:
Originally Posted by pskippy781 View Post
"Punish the deed, not the breed"
PA law allows for this too. If your dog actually has a history of being dangerous, it would change everything.
__________________
*
*
The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision.

Communication is KEY - 10 mins of talking now can save you months of headaches later!

Masterfully stating the obvious to the oblivious! (Thanks SP!)

Tell it like it is! When all else fails, make up a statistic!

Gender references shall apply equally to the other gender. I will not correct gender mistakes (unless I want to)
  #9  
Old 10-25-2009, 01:05 PM
Senior Member
 
Join Date: Jan 2005
Posts: 21,653
Quote:
Originally Posted by Banned_Princess View Post
I disagree...

They absolutely can deny you liability coverage due to your breed of dog.
BP - you are 100% wrong on this. Please do a little bit of research before replying.
__________________
*
*
The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision.

Communication is KEY - 10 mins of talking now can save you months of headaches later!

Masterfully stating the obvious to the oblivious! (Thanks SP!)

Tell it like it is! When all else fails, make up a statistic!

Gender references shall apply equally to the other gender. I will not correct gender mistakes (unless I want to)
  #10  
Old 10-26-2009, 08:15 AM
Senior Member
 
Join Date: Nov 2005
Location: South Cackalacky
Posts: 15,040
Quote:
Originally Posted by pskippy781 View Post
That's the first I've seen about the local BSL in PA. I just wanted to make sure I was understanding the law correctly. I think I got my answer. It is in fact illegal for an insurance company to deny covereage based on breed ([url=http://www.cga.ct.gov/2005/rpt/2005-R-0399.htm]Dog Breed Restrictions in Homeowners Insurance[/url]) but it is required that someone with a dangerous dog have at least $50,000 liability coverage. And dangerous is basically defined as a dog who has attacked without provocation. But I can certainly be charged more for having my gentle giant. Ironic since the yapper next door has bitten more people than my dog has barked at.

Thanks everybody.
"Punish the deed, not the breed"
I'm searching the codes and using references I have here at work, and I'm not finding this. I guess I'll keep looking.
__________________
My new signature:
Originally Posted by arazi
Quote:
I'll take you on one-to-one in a volcabulary test anywhere, anyplace, anytime.
  #11  
Old 10-27-2009, 12:14 PM
Senior Member
 
Join Date: Nov 2005
Location: South Cackalacky
Posts: 15,040
OP, it looks like you're quoting a CT document, not a PA document. Do you have any PA source which states this? We write in PA, and I haven't seen anything like this mentioned.
__________________
My new signature:
Originally Posted by arazi
Quote:
I'll take you on one-to-one in a volcabulary test anywhere, anyplace, anytime.
  #12  
Old 10-29-2009, 03:13 PM
Senior Member
 
Join Date: Jul 2007
Posts: 1,269
Quote:
Originally Posted by pskippy781 View Post
That's the first I've seen about the local BSL in PA. I just wanted to make sure I was understanding the law correctly. I think I got my answer. It is in fact illegal for an insurance company to deny covereage based on breed ([url=http://www.cga.ct.gov/2005/rpt/2005-R-0399.htm]Dog Breed Restrictions in Homeowners Insurance[/url]) but it is required that someone with a dangerous dog have at least $50,000 liability coverage. And dangerous is basically defined as a dog who has attacked without provocation. But I can certainly be charged more for having my gentle giant. Ironic since the yapper next door has bitten more people than my dog has barked at.

Thanks everybody.
"Punish the deed, not the breed"
As a dog lover and owner of a sometimes discriminated against breed, I understand your pain. But I also am a home inspector for insurance companies and have been bitten twice. Several months ago I was attacked by a German Shepherd and bitten several times. This was a family pet that was running out to greet me but ran through the newly installed underground electric fence. I suffered deep punctures and tears to my arm and back. They figure the sudden jolt of electricty right before he got to me must have scared him and caused him to attack. You never know what will cause a dog to go into fight or flight mode, but with a dog like yours if it decides to fight it can cause a lot of damage. The ankle biter can't. That's how an insurance company has to look at it.
__________________
Al Gore may not have created the internet, but he did make up global warming!
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 03:10 AM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.