Homeowners and Renters Insurance: Does It Cover Dog-on-Dog Attacks?

In Illinois, many dog owners rely on homeowners insurance or renters insurance to cover damages related to dog attacks. While these policies generally cover dog bites and injuries to humans, they may also cover dog-on-dog attacks under certain circumstances. Homeowner and renter insurance policies typically include liability coverage, which can provide compensation if your dog injures another person or causes damage to someone else’s property—including pets, which are considered property under Illinois law.

When Does Homeowners Insurance Apply to Dog-on-Dog Attacks?

Homeowners insurance may cover the costs of a dog-on-dog attack in Illinois if the following conditions are met:

• The policy includes liability coverage: Most homeowners and renters insurance policies include liability coverage that can extend to incidents involving pets. However, the specifics depend on the policy, so it’s important to check with your insurance provider.
• The dog owner is found liable: Illinois operates under strict liability laws when it comes to dog attacks, meaning the dog owner is usually responsible for the injuries caused by their dog, regardless of prior aggressive behavior.
• The attack was unprovoked: Insurance companies may deny coverage if it’s proven that the victim dog provoked the attack, making the liability less clear.

Common Expenses Covered by Homeowners Insurance

If a dog-on-dog attack is covered by homeowners insurance, the following types of expenses may be compensated:

• Veterinary bills: Insurance can cover medical treatment for injuries sustained by the victim dog, such as emergency care, surgeries, and medications.
• Property damage: Pets are considered property under Illinois law, so damages to a pet are treated as property damage. Insurance may compensate the owner of the victim dog for the fair market value of the dog, in cases of death or severe injury.
• Legal fees: If the incident leads to a lawsuit, homeowners insurance may also cover the cost of legal defense or any court-ordered settlements.

However, it’s important to note that some homeowners insurance policies may include breed exclusions, meaning certain breeds known for aggressive behavior, like pit bulls or Rottweilers, may not be covered.

When Insurance Companies Deny Dog-on-Dog Attack Claims

While homeowners insurance policies may cover dog-on-dog attacks, insurance companies can and do deny claims for various reasons. These denials are often based on technicalities or specific clauses within the insurance policy. Here are some common reasons for denial:

1. Breed Restrictions

As mentioned earlier, some insurance policies have breed restrictions that exclude certain dog breeds from coverage. If the attacking dog is one of the excluded breeds, the insurance company may deny the claim. It is important for dog owners to carefully review their policies to determine whether such exclusions apply.

2. Provocation Defense

If the insurance company can argue that the victim dog provoked the attack, they may deny the claim based on the theory that the owner of the attacking dog is not liable under Illinois’ Animal Control Act. This is often a point of contention in these cases, as insurance companies may attempt to minimize their financial responsibility by claiming the victim dog was at fault.

3. Coverage Limitations

Some insurance policies place limitations on the amount of coverage available for dog-related incidents. If the damages from the dog-on-dog attack exceed the policy’s liability limit, the dog owner may be personally responsible for the remaining costs.

4. Unreported Dogs

If a dog owner fails to disclose that they have a dog when obtaining homeowners or renters insurance, the insurance company may deny coverage for any dog-related incidents, including attacks on other dogs.

5. Lack of Liability Coverage

Not all homeowners or renters insurance policies automatically include pet liability coverage. If liability coverage was not part of the policy, the insurance company is likely to deny the claim.

How to Handle a Denied Insurance Claim

If your insurance claim for a dog-on-dog attack is denied, you still have options to recover compensation. Here are some steps to take if you are facing a denial:

1. Review Your Policy

It’s essential to thoroughly review your homeowners or renters insurance policy to understand its terms, limitations, and exclusions. Sometimes, insurance companies wrongfully deny claims, so understanding your coverage is the first step to fighting a denial.

2. Consult an Attorney

If your insurance company denies your claim, it’s crucial to consult with an experienced attorney. An attorney can review your policy, negotiate with the insurance company, and help you pursue compensation through a legal claim if necessary. At John J. Malm & Associates, we have extensive experience handling dog bite and dog attack cases where someone has been injured, including those involving attacks on other pets.

3. File a Lawsuit Against the Dog Owner

If the attacking dog’s owner does not have adequate insurance or their insurance company denies the claim, you can file a civil lawsuit against the dog owner directly. Under Illinois’ strict liability laws, dog owners are responsible for injuries and damages their pets cause, regardless of whether the dog had shown aggressive behavior before.

While insurance companies in Illinois may pay claims for dog-on-dog attacks, these claims are often subject to limitations and exclusions. Homeowners and renters insurance policies can cover veterinary bills and other damages related to the attack, but breed restrictions, coverage limits, and other factors can lead to denied claims. If you were injured in a dog-on-dog attack, it is crucial to understand your insurance policy and consult with an attorney if your claim is denied.

At John J. Malm & Associates, we have years of experience handling dog attack injury cases in Illinois and can help you navigate the insurance claim process. If you are seeking compensation for your injuries, we are here to advocate for your rights. Contact our top-rated Illinois dog bite attorneys today for a consultation.