A young couple lives together in St. Pete, Florida. Their friend was vacationing in Italy for a month and asked them to dog sit for her 3 year old pit bull rescue, who had a checkered past but was doing well lately. The couple took in the dog, and one night they threw a dinner party. Out of nowhere, the dog attacked one of the guests, biting him in the leg. In the resulting chaos, blood got all over the expensive white wool carpet. The man got his leg treated at the hospital, he was fine– not suing! – the dog was returned to the shelter and now the couple is making an insurance claim to replace their blood-stained carpet under Section I of their HO3.
Notable Timestamps
[ 00:16 ] - Today’s scenario involves an insured with a dog that was not theirs, with some history of aggression but not recently, injuring a guest to their home, where the injury is not at issue but the carpet is. It’s a complex situation!
[ 01:12 ] - Mike shares a harrowing tale and Alissha argues on behalf of the dog.
[ 03:40 ] - There’s an exclusion for losses caused by “animals owned or kept by an insured.” The dog could be considered “kept” by the insureds because they hosted it for months.
[ 04:40 ] - There is a case to be made that this exclusion is only for “normal” pet damage like chewing, drooling, vomit, pooping, etc. It is grouped in wear & tear, and a dog bite could be described as fortuitous. However, some courts have disagreed. See resources below for citations.
[ 07:19 ] - Losses “caused by” pets are excluded, but losses that “ensue from” or “result from” pets are covered. If a dog knocks over a candle, that could be an ensuing loss, whereas a dog drooling on something could be a cause. It’s a hairline distinction.
[ 10:03 ] - You can look at state case law for your particular state for prior rulings on ensuing loss.
[ 11:00 ] - Blood is arguably a liquid & contaminant under the pollution exclusion. Such claims often involve emotional considerations.
[ 12:50 ] - According to a recent Florida case, blood is not a pollutant. See resources below for citations.
[ 13:30 ] - If there’s a Coverage C Peril, the exclusion would not apply.
[ 15:33 ] - Tim provides a recap of the scenario and the points above.
Your PLRB Resources
Related Case: Bjugan v. State Farm Fire and Casualty Co., No. 13-35927, 2016 WL 1072207 (9th Cir. (Or.) 3/18/16) (unpublished) (U.S. Court of Appeals for the Ninth Circuit, applying Oregon law) [reviewed at PLRB, Prop. Ins. L. Rev. 9398 (2016)]. https://www.plrb.org/documents/bjugan-v-state-farm-fire-and-casualty-ins-co-2016/
Related Case: Nolan v. Auto-Owners Ins. Co., No. 301106, 2011 WL 5865522 (Mich. App. 11/22/11) [reviewed at PLRB, Prop. Ins. L. Rev. 8351 (2011)] (unpublished). https://www.plrb.org/documents/nolan-v-auto-owners-ins-co-2011/
Related Case: Fla. Farm Bureau Gen. Ins. Co. v. Worrell, No. 5D21-3196, 2023 WL 3130872, — So.3d —- (Fla. App. 5th DCA 4/28/2023) (Florida District Court of Appeal, 5th Dist., applying FL law) [reviewed at PLRB, Prop. Ins. L. Rev. (2023)]. https://www.plrb.org/documents/fla-farm-bureau-gen-ins-co-v-worrell-2023/
Coverage Question - Pet Dog Attacked Owner; Blood on Carpet - https://www.plrb.org/documents/pet-dog-attacked-owner-blood-on-carpet-pcq-2023-10-27-twh-b/
Coverage Question - Pollutant Exclusion: Deer Crashes Through Window and Blood Destroys Carpet - https://www.plrb.org/documents/pollutant-exclusion-deer-crashes-through-window-and-blood-destroys-carpet-pcq-2017-03-21-slc-b/
Coverage Question - Are Blood and Bodily Fluids Pollutants under Coverage A Dwelling? - https://www.plrb.org/documents/are-blood-and-bodily-fluids-pollutants-under-coverage-a-dwelling-pcq-2024-02-09-mrh-a/
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