In 2012, a law was signed in Massachusetts that set forth a statewide dangerous dog law and specifically prohibited regulation based on breed. No Massachusetts municipality may have a breed-discriminatory ordinance. However, private entities, such as landlords and insurance companies, may still continue to discriminate.
A number of breeds have been restricted or banned, including:
Pit Bull Terriers
Staffordshire Terriers
Rottweilers
German Shepherds
Presa Canarios
Chows Chows
Doberman Pinschers
Akitas
Wolf-hybrids
Mastiffs
Cane Corsos
Great Danes
Alaskan Malamutes
Siberian Huskies
Is it legal for my insurance company to deny, cancel, or increase my premium because of the type of dog I own?
Yes. The law does not prohibit insurance companies from discrimination based on breed. While breed-specific city and town ordinances have been challenged on constitutional grounds, such as due process and equal protection, insurance companies — because they are not part of the government — are not subject to these constitutional restrictions.
Why are insurance companies reluctant to insure certain breeds?
Dog bite claims cost insurance companies a tremendous amount of money. It is estimated that 4.7 million injuries occur from dog bites each year in the United States, with 800,000 requiring medical treatment. Insurance companies pay an estimated $250 million a year in dog bite claims, with an average claim cost of $12,000. Insurance companies sometimes attempt to limit their liability for these dog bites by eliminating what they perceive as high risks.
Are there insurance agencies that don’t discriminate based on breed?
Yes. Insurance companies that may insure otherwise black-listed dog breeds include Liberty Mutual, Nationwide, Amica, State Farm, Chubb, USAA (for military members and their families) and the Massachusetts FAIR plan. Most of these companies work on a case by case basis, considering the individual dog’s behavior and history, and may require a meet and greet with the dog and/or a Canine Good Citizen certification or certain housing requirements.
I rent. Do I need to worry about insurance?
Like homeowner’s insurance, renter’s insurance may cover dog bites. If you are a potential tenant looking for an apartment, an offer to provide renter’s insurance may help convince a landlord to accept you and your dog as tenants. Additionally, renter’s insurance will cover your personal property not covered by your landlord’s insurance.
Do I need to notify my insurance company when I adopt a new dog? Will I be covered if I do not notify them within a certain period of time?
Check your policy. If your policy is unclear, contact your insurance company for answers.
What if my insurance company denies or cancels my homeowner’s insurance? I want to keep my dog!
Many insurance companies do not automatically reject owners of certain breeds, but may require letters from veterinarians, dog obedience certificates, or a home visit by an insurance agent. If your insurance company will not insure you because of the breed of dog you own, check with your insurance agent, who may know of another company that will insure you.
In addition, some companies may insure you but exclude the animal from the policy. In Massachusetts, if homeowners are denied coverage, insurance can be obtained through the state’s FAIR (Fair Access to Insurance Requirements) Plan, operated by the Massachusetts Insurance Property Underwriting Association. The FAIR Plan can be reached at Two Center Plaza, Boston, MA 02108-1904, (617) 723-3800 or (800) 392-6108, and at http://www.mpiua.com/.
Why do dogs bite?
A dog’s tendency to bite is a product of many factors, including: genetic predisposition to be aggressive, early socialization, training for obedience or fighting, and quality of care and supervision. Therefore, an inherently aggressive dog may present little or no risk of biting if the dog is well trained and responsibly supervised. A seemingly friendly dog with little genetic tendency to bite may become dangerous if it lacks socialization or supervision or if it is mistreated or provoked. Any dog, if subject to certain circumstances, can become dangerous.
In addition, a dog’s tendency to bite is affected by whether it is spayed or neutered. A study of medically attended dog bites in Denver, Colorado, suggests that male dogs are 6.2 times more likely to bite than female dogs; dogs that are unspayed/unneutered are 2.6 times more likely to bite than spayed/neutered dogs; and chained dogs are 2.8 times more likely to bite than unchained dogs.
What can I do to prevent breed discrimination policies?
It is imperative that dog owners be responsible. The best way to prevent the introduction of legislation or other policies that are often reactionary and are not in the best interest of dogs or the public is to set an example and demonstrate that properly trained dogs do not cause problems.
What can I do to help prevent my dog from biting?
- Obey leash and licensing laws
- Spay or neuter your dog and keep your pet up-to-date on all shots
- Know your dog’s behavior and personality
- Socialize your dog so it knows how to behave with other animals and with people
- Provide obedience training for your pet
- Play non-aggressive games with your dog
- Avoid exposing your pet to situations where you are unsure what the dog’s response will be
- Mark your property to make people aware of your dog’s presence
- Avoid situations that may provoke your pet
- Teach children proper behavior around dogs
