NCOIL Adopts Two New Property & Casualty Insurance Model Laws at Annual Meeting in New Orleans, LA

For Immediate Release
December 13, 2022
Contact: Pat Gilbert
(732) 201-4133

Models include the NCOIL Delivery Network Company (DNC) Insurance Model Act and the NCOIL Dog Breed Insurance Underwriting Protection Model Act

Belmar, NJ – The National Council of Insurance Legislators (NCOIL) adopted two new Property and Casualty Insurance Model Laws at the recently concluded 2022 NCOIL Annual Meeting. The Models passed without opposition via voice vote by both the NCOIL Property & Casualty Insurance Committee and the NCOIL Executive Committee.

The two new Models are the NCOIL Delivery Network Company (DNC) Insurance Model Act, sponsored by Rep. Bart Rowland (KY), Chair of the NCOIL Property & Casualty Insurance Committee, and co-sponsored by Del. Steve Westfall (WV), Vice Chair of the NCOIL Health Insurance & Long Term Care Issues Committee, and the NCOIL Dog Breed Insurance Underwriting Protection Model Act, sponsored by Asm. Kevin Cahill (NY), former NCOIL Vice President, and co-sponsored by Rep. Tammy Nuccio (CT).

“It was great to preside over the work this Committee did the past year that led to the adoption of these Models which deal with two timely and important issues facing the property & casualty marketplace right now,” said Rep. Rowland. “It has been a great honor to Chair this committee, and while I am leaving the Kentucky Legislature and thus NCOIL at the end of this year, I look forward to seeing how the organization will continue to address important issues going forward.”

The NCOIL Delivery Network Company (DNC) Insurance Model Act provides a structure for insurance requirements for companies that allow people to use their personal vehicles to deliver food or beverages, such as Grubhub and Drizly. Many elements of the Model are based on those contained in the NCOIL Transportation Network Company (TNC) Insurance Model Act, which was adopted in 2015 when companies such as Uber and Lyft entered the marketplace. The TNC Model has been used as the basis for nearly every state’s TNC law. A new model law was necessary to convey the differences in risk between transporting people versus goods.

“I was proud to sponsor the DNC Model Act. As people increasingly use these services, it is crucial to ensure proper coverage,” said Rep. Rowland. “The TNC Model serves as a framework in virtually every state in the nation and I’m sure this model will similarly prove to be very useful to legislators in all 50 states.”

“It was great to see the swift adoption of this Model as it shows legislation, and NCOIL, can keep up with innovation as the DNC market continues to expand,” said Del. Westfall. “I think everyone would agree that insurance protection is essential, but the same level of coverage is not required for a sandwich as there is for a family.”

During the Model drafting and deliberation process, NCOIL legislators and staff heard from a wide array of interested parties such as Uber, Lyft, the American Property and Casualty Insurance Association (APCIA), the National Association of Mutual Insurance Companies (NAMIC), DoorDash, UPS, Amazon, Shipt, Instacart, Shelter Insurance, and Buckle.

The NCOIL Dog Breed Insurance Underwriting Protection Model Act addresses how the use of dog breed can factor into underwriting for homeowners and rental policies. The Model establishes that no insurer can refuse to issue, cancel, renew, or increase a premium or rate for a policy of insurance based solely on the specific breed or mixture of breeds of a dog that is
harbored or owned on an applicable property.

Asm. Cahill stated “One of the most important attributes of National Council of Insurance Legislators’ meetings is the opportunity to lower the temperature on polarizing issues. The proceedings surrounding the adoption of a model law that prohibits insurance companies from making arbitrary underwriting decisions based upon the breed of a dog, is one such example. Passionate advocates and skeptical legislators used NCOIL to educate each other and hash out differences to come to a widely accepted result that will undoubtedly guide state legislatures across the country, while also raising awareness of important insurance concepts.”

“When we first discussed this topic at our Annual Meeting last year, it seemed unlikely we would be able to get a Model over the finish line because of how far apart legislators and interested parties were on the issue,” said Rep. Nuccio. “Luckily, everyone recognized how important this issue is and we were able to reach a compromise that will provide a great framework for states to use.”

During the Model drafting and deliberation process, the Committee heard from interested parties such as Best Friends Animal Society, APCIA, the Humane Society of the United States, NAMIC, the National Canine Research Council (NCRC), the Animal Farm Foundation (AFF), and the American Society for the Prevention of Cruelty to Animals (ASPCA).

NCOIL CEO Commissioner Tom Considine said “Thank you to the Committee for working tirelessly this year to get these two important Models to a place where they were ready to be voted on. For a while it seemed like voting on the Models in November would be unlikely as Chair Rowland set an ambitious timeline, but everyone rose to the occasion and recognized the importance of producing Models here at NCOIL that can be used as the basis for similar state laws next year. I’d also like to thank Representative Rowland specifically for his leadership in chairing this committee as well as his broader service here at NCOIL as he will be leaving the Kentucky legislature at the end of this year. We all owe him a debt of gratitude for his service.”

A full copy of the DNC Model can be viewed here:

A full copy of the Dog Breed Model can be viewed here: