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Insurance, Liability and Dog Owners
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This Dog Tip covers:
* A Humane Society of the U.S. effort to help make it
easier for dog owners to get homeowner insurance.
PAW adopter Susan John submitted the following item
from a recent newsletter from the Humane Society of
the United States:
"In recent years, many homeowners have found
themselves either unable to get homeowner's insurance
or have had their insurance cancelled, based solely on
the breed of a dog in their household. The HSUS is
working to address this problem and is gathering
contact information and stories from those who have
experienced this dilemma. If you or someone you know
has been denied homeowner's insurance or has been
unable to obtain it based on the breed of dog in their
home, please contact The HSUS at
companionanimals@hsus.org for a contact form."
The difficulties of getting home insurance are
compounded by developments in the insurance industry
over the past few years related to issues ranging from
disaster-related pay-outs and high settlements for
trip-and-fall accidents to storm damage and
mold-related claims.
PAW adopter Donna Leader suggests that it is good to
be aware of insurance companies that do not
discriminate against dog owners or to certain breeds.
Here are some companies that pet owners report are
dog-friendly and tend not to discriminate by breed:
State Farm, Travelers,
Liberty Mutual, United Services Automobile
Association, Erie, Fireman-s Fund, Kemper, Chubb
Group, Allstate and Safeco Corp.
In addition, an insurer that specializes in
animal-related liability policies is Lester Kalmanson
Agency Inc. at 407-645-5000.
It is extremely difficult to get insurance from most
insurers on a dog that has bitten, according to Tom
Terfinko at the Florida Department of Insurance, as
quoted in a January 2001 article in the Orlando
Sentinel. For safety and liability reasons, it's
essential for pet owners to teach dogs not to bite and
to eliminate situations in which a dog might be prone
to biting.
* Since the mid-1990s, with the growing popularity of
aggressive breeds as a result of security concerns,
dog attacks have become the biggest single cause of
home policy claims, with costs running to more than
$300 million a year, said Robert P. Hartwig, chief
economist of the Insurance Information Institute, a
trade group. (From a March 30, 2002 New York Times
article.)
* "If the dog is growling or aggressive, that's
pretty much a tip-off that you could have a problem
dog," said Dan Hattaway, a specialist on home
insurance at State Farm. Mr. Hattaway said State Farm
did not think blacklisting of breeds was an effective
way to screen for danger. "Simply by naming a breed,"
he said, "people are screening out a fair percentage
of good dogs. Just because someone is a Rottweiler
fancier doesn't mean they have a dangerous or
aggressive dog." (From a March 30, 2002 New York
Times article.)
* In some cases, an insurance company might send a
representative to check out a homeowner's pet in his
home environment. According to the article "No Good
Dogs: So Say Some Insurers" in the May 1999 issue of
Your Dog newsletter, home inspectors look for basic
things such as: Whether the yard fenced in...how well
the animal is cared for...whether the animal is
properly licensed (most biting dogs are not)...whether
the dog has been neutered (neutered dogs are much less
prone to biting)...and whether the owner has provided
training to the dog.
* Tom Terfinko at the Florida Department of Insurance
says most insurance companies now screen potential
customers based on what type of dog they own. For
someone trying to buy a house, getting insurance is as
important as getting a mortgage. It is not an option;
it's a must. Home buyers can already be pressed to
find affordable insurance in a state plagued by
hurricanes, tornadoes, fires and floods. Adding a
vicious dog to the mix could be a killer for buyers in
need of a good insurance policy. (From the Orlando
Sentinel 2001.)
Ways to improve your chances of getting and keeping
homeowner and renter's insurance:
* Enroll your dog in obedience classes and work on
helping the dog earn a diploma. Consider taking your
dog to obtain Canine Good Citizen certification.
* Neuter male dogs: this step can significantly
reduce dominance problems and some other types of
aggression.
* Make sure your dog gets lots of appropriate
exercise. Dogs with predatory or herding instincts
need to channel those inherent tendencies in socially
acceptable ways.
* Keep dogs on leash or in a fully, physically fenced
area when outside. That will keep dogs from running
after animals and people.
* Never leave young children alone with a dog.
* Teach children (and adults) how to behave around
animals. For example, don't disturb dogs while
sleeping or eating. Don't bother mother dogs who are
with their puppies. Don't tease or yell around dogs.
Stay away from unfamiliar dogs or chained dogs. Note:
chaining tends to aggravate and frustrate dogs,
increasing the chances of aggressive behavior.
* Be aware of the signals that you yourself send to
your dog. For example, if you are nervous, that can
make your dog nervous. If you are not confident
around strangers, do not walk your dog near strangers.
* Demonstrate what it means to be a responsible dog
owner. Wisconsin Academy of Trial Lawyers, whose
members often represent victims of dog attacks,
maintains that at a time when dog-related injuries
seem to be increasing it is unwise for government
entities to reduce the consequences of irresponsible
dog ownership.
The following insurance-related suggestions for dog
owners come from PAW volunteer Marsha Rader, who is a
specialist in insurance issues.
* If a dog bites someone in response to constant
teasing and/or cruelty by that person, the dog's owner
can gain a better legal position by notifying the
person (or parents in the case of children) that
he/she has observed the teasing or cruelty. This
notification should be made both verbally and in
writing by mail (certified mail is recommended). The
owner should keep a record of the events. If the
actions are serious enough (rocks thrown, hitting with
sticks, etc.), the incidents should be reported to the
local police and/or animal control department and
humane organizations. By setting up this "paper
trail," the owner is documenting animal cruelty, for
which the law could mandate psychological treatment or
possibly jail for the offender, as well as
establishing a legal defense if the provoked dog bites
in defense.
* The Maryland Insurance Department has struck down
some dog breed-specific insurance bans in court.
However, some companies still try to force people to
accept such bans on their Homeowners and other
liability policies. The bans are typically directed
at breeds such as Rottweilers, pit bulls and
shepherds. If a homeowner receives a letter or
requirement from an insurance company that would
exclude insurance coverage, especially if the dog has
not bitten anyone, the homeowner should contact the
Maryland Insurance Administration immediately at
410-468-2000 or 1-800-492-6116 and file a written
protest, since this sort of action has been held
illegal in Maryland in the past.
* Dog owners, be aware that an insurance company
could potentially find a way to impose a dog exclusion
or cancel a policy, depending on the municipality's
vicious dog laws (invoked if a dog has bitten) or any
breed bans in place. For example, an insurance
company could cite exclusions in a homeowner's policy
about not covering damage or injury caused by a dog
who was not supposed to be in the county.
FYI, be aware that a few homeowners associations have
enacted or attempted to enact rules and regulations
that discriminate among dog breeds.
For more information about home insurance for dog
owners:
Articles on the Web:
How Dog Owners Can Avoid Being Bitten by a Lawsuit
Insurance Companies' Policies on Dogs
Home Insurers Frown on Many Dogs
Canine Good Citizenship Certification
Dog Bite Legal Center -- Comprehensive Information
Book:
For more Dog Tips and other information about pet
care, adoption and the work PAW does, visit our
website at: www.paw-rescue.org
Stamp Reminder: Please use the "Spay-Neuter Pets"
U.S. Postage Stamps.
To be added or removed from this e-mail list, contact
Robin at Tierneydog@yahoo.com
Partnership for Animal Welfare, Inc.
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| Last Updated: May 30, 2008 (LET) | PawSupport | |