Insurance Notes
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 many 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/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: 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 (such as in Prince George's County). 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.
Related resources:
Article: "How Dog Owners Can Avoid Being Bitten by a Lawsuit"
Book:
For more Dog Tips and other information about pet care, adoption and the work PAW does, visit our website at:
Partnership for Animal Welfare, Inc.
www.nolo.com/encyclopedia/articles/ctim/dog_bites.html
Dog Law by Attorney Mary Randolph
"Addresses practically every legal predicament a pup (or pup owner) can get entangled in." - S.F. Examiner
www.paw-rescue.org
P.O. Box 1074, Greenbelt, MD 20768