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Q: homeowner's insurance ( Answered,   1 Comment )
Question  
Subject: homeowner's insurance
Category: Relationships and Society > Law
Asked by: rrrockhound-ga
List Price: $4.00
Posted: 27 Feb 2003 17:31 PST
Expires: 29 Mar 2003 17:31 PST
Question ID: 168088
A neighbor's dog mauled mine.  The vet bill is $1400.  After first
promising to pay it, the neighbor is now refusing to cooperate with
me.  Is there any way I can find out the company that carries her
homeowner's insurance so that I can submit a claim directly to them?
Answer  
Subject: Re: homeowner's insurance
Answered By: aceresearcher-ga on 28 Feb 2003 03:48 PST
 
rrockhound,

I am sorry to hear about the injury to your dog, and the fact that
your neighbor is so irresponsible.

Was there a police report filed on this incident? If not, you need to
file one immediately, for a couple of reasons:

1) The police may be able to persuade or force the neighbor to
disclose their homeowner's insurance policy information;

2) If the neighbor still refuses to pay, you can take them to small
claims court for reimbursement of the vet fees and court costs, but
you will definitely need to have a police report to support your
claim.


Alternatively, it may be that your local ordinance requires the police
to have a dog which is guilty of mauling another animal euthanized. If
that is the case, merely the threat of filing a police report might
get the neighbor to pony up either the money or their insurance
information.


Before Rating this Answer, if you have any questions about this
information, please post a Request for Clarification, so that I can
clarify it for you.


Regards,

aceresearcher

Request for Answer Clarification by rrrockhound-ga on 28 Feb 2003 17:05 PST
Thanks for the answer.  I have filed a report with the local animal
warden, but there are no local laws against vicious animals that would
apply here.  I plan to sue the neighbor but I thought a claim against
her insurance might encourage her to pay since her insurance provider
would probably cancel her policy once they learned she has three
German Shepherds.  Thanks again for the advice.

Clarification of Answer by aceresearcher-ga on 01 Mar 2003 02:50 PST
rrockhound,

You are welcome!

Many insurance companies have a practice of obtaining driving
violation records and other legal judgments from courthouses to
compare to their customer databases. It may be that your neighbor's
insurance company will obtain this information for your legal
proceedings against your neighbor, in which case she will have some
serious explaining to do.

I really hope that you are successful in your legal proceedings to
recoup your expenses from your neighbor, and that your dog is soon
fully recovered from the incident, healthy, and happy again.

Best wishes!

aceresearcher
Comments  
Subject: Re: homeowner's insurance
From: pocoloco-ga on 01 Mar 2003 06:27 PST
 
Hello rrrockhound-ga,

The identity of someone else’s homeowner’s insurance company is not in
itself a matter of public record.  However, if your neighbor owns her
own home (as opposed to renting it), then chances are about 100% that
she does have homeowner’s insurance.  If she has a mortgage, then the
mortgage bank will require her to carry homeowner’s insurance.  If she
does not have a mortgage, she would be crazy not to have homeowner’s
insurance.

You can find out whether your neighbor owns her home and whether she
has a mortgage on it by inquiring at your Town Hall or City Hall.  If
your neighbor rents her home, then she may or may not have renter’s
insurance.

However . . . . to take a few steps back . . . If a person is liable
for something, then they are liable whether or not they have insurance
to cover it.  I agree with aceresearcher-ga that it makes sense to
explore the option of going to small claims court.  It is really up to
your neighbor to decide whether or not she is going to involve her
insurance company.

You are right, by the way, in thinking that your neighbor’s insurance
company (assuming she has one) will be concerned to know that she has
a German Shepherd that mauled another dog.  According to the Insurance
Information Institute (link below), German Shepherds are third on the
list of breeds responsible for  dog bite-related fatalities.  However,
the individual dog’s deeds are more important that the dog’s breed. 
This dog has demonstrated by its behavior that it is dangerous, and
that creates a threat not just to your dog, but also to your family
and to the owner’s family.  That is the reason why you need to pursue
this issue.

You should be aware that if your neighbor has homeowner’s insurance,
and if she disclosed her dog ownership to her insurance company, they
will likely pay the claim and require her to find a new home for the
dog or euthanize it in order to maintain her insurance coverage.  That
may be the reason she does not want to involve her insurance company. 
If she has homeowner’s insurance and she did not disclose her dogs on
her application, then she may face cancellation of her policy for
having filed a fraudulent application.

Here are some links that you may find informative:

The Laws of Man Regarding Dogs
http://dogs.about.com/cs/dogsandthelaw/index.htm
This is a compilation of sites and articles regarding dogs and
liability for their acts.  From About.com’s Dogs site.

“Dog Bite Liability”
 http://www.iii.org/individuals/homei/tips/dogbiteliability/
This article from the Insurance Information Institute includes a list
of the breeds responsible for the greatest number of dog bite-related
fatalities over the last twenty years.

Insurance Companies’ Policies on Dogs
http://www.akc.org/love/dip/legislat/insurance_chart0702.cfm
The American Kennel Club has pulled together a list of major insurance
companies’ policies on dogs, by breed.

“Success in Small Claims Court”
http://www.prairielaw.com/articles/article.asp?channelid=11&articleid=1347
This article explains the process of going to small claims court.  It
also does a good job of outlining options you can try even before
small claims court, such as writing a letter or arranging for
mediation through a third party.

“Mediation: Making Peace in the Eye of the Storm”
http://www.cnyc.com/code/mediation.html
Speaking of mediation . . . this article from the American Mediation
Council explains some of the reasons why neighbors may want to mediate
disputes rather than litigate them.

SEARCH ENGINE

://www.google.com/

SEARCH STRATEGY

Basics of small claims court
Mediating disputes between neighbors
Dogs & “homeowner’s insurance” 

Good luck with your quest!  

pocoloco-ga

P.S.  Just for the record, I want to say that I am a dog owner and dog
lover.  However, I also believe in responsible dog ownership.

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