A dog bite case from a different direction |
Dwayne's dogs had a surprising trick that he had never witnessed. When he left them in his truck camper, they would jump out but then be back in the truck when he returned because they had been returned by others while he was gone. One day they escaped, but instead of being returned without incident, they attacked Robert as he was walking to his vehicle in a parking lot. Robert sued, and Dwayne requested that his personal auto policy respond because the dogs had escaped from his vehicle. State Farm refused to pay, so Robert sued it after receiving an assignment of Dwayne's rights against State Farm. The trial court agreed with State Farm, and Robert appealed.
Click here to see whether the appellate court agreed with the trial court or with Robert.
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Cause and effect |
Dwayne's policy provided liability coverage only if the insured was legally responsible for bodily injury or property damage due to an auto accident. The argument for coverage was that the dogs had been in the truck prior to the loss and the injury to Robert was an accident so it must have been an auto accident. A determination was needed as to whether an insured had caused an auto accident. Dogs are not insureds, but Dwayne was and he was responsible for the actions of the dogs.
Click here to read the PF&M analysis of Part A - Liability Coverage of the ISO Personal Auto Policy
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Dogs as theft prevention |
Dogs are companions and sources of comfort. They are often important members of the family. Dogs also can serve as protectors. Having a dog in a car or truck can be a way to prevent auto theft - provided the dogs are left with adequate water and protection from extreme heat. However, as we have seen in this case, leaving a dog in a car can produce unexpected results.
Click here to review an emarketing article that you can discuss with your clients; it presents more practical tips on preventing auto theft.
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Coverage for loss to custom equipment |
When a vehicle theft occurs there is often a claim for damage to custom equipment. The 09 18 edition of the ISO Personal Lines Auto Policy changed the coverage for custom equipment. A definition of custom equipment is added in item D. of the Part D - Coverage for Damage to Your Auto section. Then, in the exclusions section, all described equipment is excluded from coverage except for the first $1,500 of the loss.
Click here to read the PF&M Analysis of Part D - Coverage for Damage to Your Auto of the ISO Personal Auto Policy.
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