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Lynn08 | Will home-owner's insurance cover a dog attack? |
My friend owns a house. His friend, who lives with him and pays rent, owns a pit bull who also lives at the house. Today, the pit bull got out of the back gate and attacked a passerby and another dog. How does this work? Could my friend, who owns the house, get sued? If so, would his home-owners insurance cover anything? Is the roommate, who technically owns the dog, at all responsible? |
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Net Advisor
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I small a lawsuit.
The dog may also be seized by Animal Control if reported. Laws vary by state and municipality.
The homeowner may be liable if he lives there even if he does not own the dog. The owner of the dog will likely also be sued.
As for homeowner's insurance coverage. It depend on the policy. |
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Spock (rhp)
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your friend needs a local attorney.
since, in many states, a pit bull is considered a known hazard to others, both your friend and the owner of the dog can be sued.
Homeowner's Insurance may or may not cover this -- your friend needs to read the policy or call his/her agent ASAP.
***
Note: many insurance policies plainly state that if you fail to report a potential loss or claim for more than 30 days, the insurance company has no liability whatsoever. That means that if your friend doesn't tell the insurance company and is later sued -- the company can deny all coverage no matter what the policy otherwise says and doesn't have to defend your friend at all, or pay anything.
***
This is a fine opportunity for your friend to go broke due to lawsuits. Thus the attorney. |
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mbrcatz
 |
Oh, man. Your friend who owns the house most likely WILL get sued. The roomate, sure, he's responsible, also, but he probably doesn't OWN anything. The lawyers are going to go after whoever's got the money.
If he has liability coverage, AND he didn't lie on his application about the dog, then they'll cover it - and then they'll promptly cancel his insurance. And he's most likely will NOT be able to find anyone willing to give him homeowners insurance again, even if the dog gets put down. He can try to sue the roommate, but you can't get blood from a stone. Which is why everyone is going to go after the HOMEOWNER. And they'll win, too. |
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NYgirl
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The issue here is that your friend's friend is technically a tenant! In NY most home insurance policies do not cover liability or personal belongings of a tenant. If your friend were to be sued, his policy should pay to defend him, and likely would not end up paying out as it is not his dog in the first place.
Unfortunately, many home insurance policies will not cover a home if there is a particular breed of dog (pit bull restrictions are common) so if his insurance company has that restriction, your friend will probably be non -renewed due to that.
This is the how policies are in NY, your state may be different. |
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Sue
|
Both are responsible, both will get sued. Unless the roommate has a tenants policy, he will have to pay for his own attorney to represent him because your friend's homeowners policy will not cover him.
Your friend's homeowners policy will cover him as long as there is NOT an animal or dog liability exclusion AND if the dog was NOT there at the time of the original application or any subsequent underwriting questionnaires. If the dog was there & your friend didn't tell the insurance, that is material misrepresentation, the policy will likely be voided & there will be no coverage, your friend will have to hire his own attorney & pay out of pocket any judgement against him.
One of my insureds had a tenant that had a dog that got out, ran miles away & bit someone. My insured got sued & his homeowners policy paid the liability policy limit. The reason the policy paid is because he allowed the dog to be on the property, so he was liable. Luckily, the company did not cancel his policy (but it was about 20 yrs ago & the tenant had moved out soon after the incident). The same incident today would absolutely have caused a nonrenewal.
Your friend needs to immediately report this to his homeowners policy & let the chips fall where they may. Dog bite claims are expensive. His future homeowners policy will be high risk & expensive & with a dog liability exclusion. This will be the case for many years to come. This will be MUCH cheaper than paying the dog bite claim out of pocket!!! |
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RunSueRun
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The home owner should call the homeowner insurance and make sure that it has covererage for dog attacks. The owner is liable for all medical payments.
The homeowner can sue the guy who owns the dog to get the money back.
Pit bull is not a pup!
Lessons learned: If you have a mean dog, better get some insurance. |
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