Understanding Dog Bite Liability and Homeowners’ Insurance

Pet ownership in the United States has increased by approximately 10% over the last thirty years. Dogs are the most popular pet in the U.S. While this has caused many people to think about or purchase the equivalent of health insurance for their pets, most people do not think about the most important coverage for their pets: liability insurance.

Most homeowners’ and renters’ policies provide some form of liability insurance in the event that the household dog bites or otherwise causes injuries to someone else. This is important because, by many accounts, these attacks are occurring more frequently. These dog attacks can often be serious, leading to permanent and disfiguring injuries that cause hundreds of thousands of dollars of damages to a person. As a result, liability insurance for dogs is a must.

But are all dogs covered? The answer is no, and the list of dogs that insurers are excluding from coverage appears to be growing. To determine if your dog is covered by your policy you need to read the fine print.

Sample Homeowners’ Policy Exclusion for Dog Breeds

Here is an example of the exclusions for certain dogs in a homeowners’ policy (i.e., what types of dogs the policy will not cover if they hurt someone):

The following types of purebred dogs or a mixed breed including one of these types:

1. American Staffordshire Terriers, American Pit Bull Terriers, or Staffordshire Bull Terriers, all commonly known as Pit Bulls;
2. Doberman Pinschers;
3. Rottweilers;
4. Chow Chows; or
5. Presa Canarios;
6. Wolf hybrids;

Dogs that have been trained to attack persons, property or other animals; or dogs that have been trained to guard persons or property;

Any fighting dog or dog bred for fighting; any dog, used in any manner, as a fighting dog or bred specifically for fighting;

Any dog with a prior history of attacking or biting, causing “bodily injury” to person(s) or animal(s), as established through insurance claims records, or through the records of local public safety, law enforcement or other similar regulatory agency.

Policy Exclusions: What’s Not Covered

The list is largely self-explanatory, but there are a few points that you may have missed. First, part “a.” includes not only the six listed breeds, but also “mixed breed[s]” of any of the six on the lists. Second, the phrase “trained to attack persons” is ambiguous—does it mean professionally trained, trained by the owners? What does “trained” even mean? Most people would not consider an Australian Shepherd, for example, as a “guard dog,” but they are used to guard sheep. Third, what is a dog “bred for fighting?” A Shar Pei was traditionally bred for fighting, but few who saw one today would consider them a fighting dog in any sense of the word. There are many other such examples that you could come up with.

Despite these ambiguities and odd scenarios, you can be sure that the insurance company will take the position that excludes coverage for you as the dog owner, or you as the person trying to recover for a dog attack from an aggressive dog. This means that the dog owners’ personal assets are exposed and that the dog victim will be limited to the owners’ assets for recovery—no one wins in this scenario.

Protecting Yourself: Advice for Dog Owners and Dog Bite Victims

Dog owners – Check your homeowners’ or renters’ policy to see if there is any argument that your dog may not be covered. If so, you may want to consider shopping around for a new policy. Note that some breeds, like Pit Bulls and Rottweilers, are likely going to be excluded from any policy.

Dog attack victims – Other than reporting the attack to the police and getting appropriate medical care immediately, you should strongly consider getting an attorney to help you navigate the claim process. As with all cases, time is of the essence.