Boston and Massachusetts homeowners who also own dogs must disclose the fact that they own dogs to their homeowner's insurance company. "This is so important." says Boston injury attorney Neil Burns, who has represented many Boston residents with dog bite injuries, "if your dog bites someone, your homeowner's insurance may only offer coverage if you have previously informed them that you own a dog."
This point was recently illustrated in a case decided by the Appeals Courts. In Vermont Mutual Insurance Co. v. Eldridge, et al. (Lawyers Weekly No. 81-360-10), the trial judge had ruled that an insurance company had a duty to defend its policyholders who had been sued for injuries caused by their dogs. But the Appeals Court overruled the trial judge, finding that the trial judge erred because the policyholders did not inform the insurance company that they owned dogs when they applied for homeowner's insurance coverage.
The insurance company "alleged that the judge erred in ruling that it has a duty to defend where the insured made a material misrepresentation in their policy application. The insurance application contained the following question, numbered nine: 'Are there any animals or exotic pets kept on the premises?' [Robert and Christine Eldridge] answered 'no.' In fact they were keeping two bull mastiffs on the premises. ..."Question nine is not reasonably susceptible to more than one interpretation; the judge erred in ruling that the Eldridges could reasonably conclude that it asked only for disclosure of pets if they were exotic pets. While the term 'animals' includes 'exotic pets' as a subcategory, the somewhat repetitive phrasing in the question does not excuse the failure to disclose any animals kept on the premises. As such, the Eldridges' failure to disclose their ownership of the bull mastiffs on their insurance application constituted a misrepresentation. . . ."
The Appeals Court went on to find that the misrepresentation was material. Thus, in the end, the homeowner's were left without coverage for the dog bite incident. So, if you have dogs and you own a home, tell your insurance company. And if you are bitten by a dog, call the Law Office of Neil Burns.
