by cera4m » Fri Nov 14, 2008 03:52 pm
My neighbor's dog bit my son. The dog has been declared vicious by the courts. I want to file a claim for damages against her homeowner's insurance. How do I find out who her insurance carrier is?
Posted: Fri Nov 14, 2008 03:59 pm Post Subject:
You would need to ask them. Baring that, file suit against them.
Posted: Sat Nov 15, 2008 07:45 am Post Subject:
I'm sorry your son was bitten. If you could give us some of the details, we might be able to provide you with some more specific advice.
First off, you won't go after your neighbor's insurance company, you'd go after your neighbor. But before you decide to litigate, which is what you'd be doing, let us know what happened and we'll try to give you some initial information to work with.
Your neighbor's insurance policy provides potential coverage, but a person wouldn't sue the carrier here. If you are going to initiate a lawsuit, you would sue your neighbor who would then seek coverage under the liability section of his homeowner's policy. The insurer would then determine whether coverage and liability exist, and you'd go from there.
But again, don't initiate litigation immediately. People are altogether to quick to sue these days. I would never propose to tell you what to do; that's your decision. But so much of the cost of things you wouldn't believe are affected by the cost of litigation, I encourage people to seek alternative methods of settling issues when those issues arise.
On the other hand, if this was some truly vicious attack, or other circumstances that affect the severity of the bite, that's another story. There are considerable potential costs associated with dog attacks depending on the severity of the attack. This is why I'm curious as to the details.
Good luck, and please let us know what's up.
InsTeacher 8)
Posted: Sat Nov 15, 2008 01:50 pm Post Subject:
I used to handle a lot of dog bite claims..years ago, back then it was commonly referred to as 'the first bite is free'...now a lot of laws have changed, and all states have their own laws...If you'd let us know a few things, such as were was your boy when he was bit, type of dog, where was the owner, has this dog ever bit before, how long have they had the dog, do you live within a city limit, what state are you in, what was your son's injury, etc....what EXACTLY happened to cause the dog to bite?
Frankly I can't imagine these people not offering up their ins companys name immediately or offering to pay themselves...
Posted: Mon Nov 17, 2008 06:16 am Post Subject:
I was wondering, since the dog was declared vicious whether the neighbor has the coverage on it or not. I've heard that for specific breed of canines the homeowner insurer even deny the claim. Do correct me if I'm wrong.
However, if the neighbor doesn't solicit the information regarding their homeowner carrier, you're required to sue them immediately. It's true though that many costs are involved into pursuing a lawsuit, but it may be the only solution when you have encountered with such insensitive neighbors. You definitely don't want to be in talking terms with them in the future.
Anyway, please provide us with the additional information that was asked by the community to let us help you in a better way.
Posted: Mon Nov 17, 2008 07:07 am Post Subject:
It's almost impossible, if not impossible for a HO carrier to get out of providing liability insurance for a dog bite. If they don't want to address such a loss, they don't write the policy. There is usually a question on the application asking what kind of dogs are in the home.
There is no requirement to sue anyone immediately. The state Statute of Limitations comes into play, that is all.
Posted: Mon Nov 17, 2008 09:51 am Post Subject:
I've read that the home insurers maintain a list of breeds of dogs which put more risks for the insurers to insure and therefore may deny coverage to the owners for such dogs. Also dog bite incidents pose greater risk for the insurers. Hence, many of the insurers will not renew the policy once the dog has bitten someone.
However, normally, the HO policies will provide coverage of $1, 00,000 to $3, 00,000 towards dog bite liabilities.
Posted: Mon Nov 17, 2008 09:59 am Post Subject:
The homeowners can actually deny coverage depending upon the breed of the dog, while some may exclude coverage to breeds like pits bull, rottweilers and Saint Bernerd or may ask the homeowner to sign a waiver for dog bite liability, the other may deny the coverage altogether.
Posted: Mon Nov 17, 2008 11:39 am Post Subject:
Simon they can't deny the coverage, unless there has been a waiver signed or there is material mis-rep, in which case they would void the policy all together (ins lied on app re: dog
)...I've read that the home insurers maintain a list of breeds of dogs which put more risks for the insurers to insure and therefore may deny coverage to the owners for such dogs. Also dog bite incidents pose greater risk for the insurers. Hence, many of the insurers will not renew the policy once the dog has bitten someone.
Back when I handled these types of claims, the insured's were ALWAYS non-renewed unless they got rid of the dog...but coverage was provided in most cases...However, normally, the HO policies will provide coverage of $1, 00,000 to $3, 00,000 towards dog bite liabilities.
med pay could kick in as well if the child were on the insured's property at the time of the bite...I wouldn't go running to an atty to give up a third of MY money, unless it were absolutely necessary....The OP needs to check on local laws and ordinances regarding dogs as well....
I am assuming the dog was declared 'vicious' AFTER this bite is that correct?
Posted: Tue Nov 18, 2008 03:02 am Post Subject:
The homeowners can actually deny coverage depending upon the breed of the dog, while some may exclude coverage to breeds like pits bull, rottweilers and Saint Bernerd or may ask the homeowner to sign a waiver for dog bite liability, the other may deny the coverage altogether.
Misinformation abounds here, so let's clear it up. The insurance carrier has every right to ask if there are dogs in the household, and every right to ask what type(s) of breed. The insurer has several options as to what underwriting can do if the homeowner owns a dog:
1. The carrier can decline to issue (or renew) the policy, or
2. The carrier can ask the policyowner to accept an exclusion for liability on dog bites and attacks. If the homeowner refuses to accept the exclusion, the carrier won't issue/renew. Simple as that.
The carrier CANNOT get "out" of paying on a claim if the coverage were not previously excluded. No carrier has a homeowner policy liability section that has a standard provision that specifically excludes dogs. It must be done as stated above.
Next, Jeremy Holter wrote:
The homeowners can actually deny coverage depending upon the breed of the dog
Again, only if specifically excluded by the insurer or material misrepresention in the application for insurance (thanks Lori, right on target as usual). Material misrepresentation is a whole 'nother story, we'll only go there if someone asks. :?
Jeremy also wrote:
However, normally, the HO policies will provide coverage of $1, 00,000 to $3, 00,000 towards dog bite liabilities.
There is no "special limit of liability" that applies to dog bites. Whatever the amount of coverage under Section II: Personal Liability that the policyowner has purchased will apply in dog bite cases as well. So, if the insured has a homeowner's insurance policy that provides $300,000 of personal liability coverage, that's all they have. $300,000. Not one cent more. So the amount of coverage provided for dog bites is exactly the same as it would be for any other liability claim.
However, if the neighbor doesn't solicit the information regarding their homeowner carrier, you're required to sue them immediately.
Absolutely agree with tcope- you're not required to sue anyone. It is your right as an American. :D
And finally, Jeremy finished with:
I've read that the home insurers maintain a list of breeds of dogs which put more risks for the insurers to insure and therefore may deny coverage to the owners for such dogs
This is true for most, if not all carriers. There are certain breeds that have a much greater tendency towards attacks and bites than others, and insurers know the numbers here. Obvious "problem" breeds are Pit Bulls, Dobermans, German Shepherds, Akitas, wolf mix, Chows, Rottweilers, and with a few carriers, even miniature poodles (nasty little yappy little suckers- what we used to call "punt, pass and kick dogs." I know, I know...).
Later, ya'll
InsTeacher 8)
Posted: Tue Nov 18, 2008 11:58 am Post Subject:
One thing I'm going to add here, that I don't think we've covered...
Homeowner/neighbor buys house and policy no dogs...buys ten pit bulls three years after the policy was issued....noooooooow what? hmmmmmm?
It will depending on the app and the wording...been too long since I purchased a new ho policy I will take a leap and assume that that the area you sign off, saying you have no dogs, would say something like, 'you will promptly notify this company should you acquire a canine'...what about it teach? how is that handled?
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