Our Pittsburgh dog bite lawyers are often asked about what happens after the dog owner notifies his liability insurance carrier about your injury claim.  Can the insurance carrier drop liability coverage for future attacks?  Or at least raise his rates? 

Many victims want to make the dog owner pay – in  every way possible. Others, however, are friends or family with the dog owner, and only want compensation for the attack.  

So what’s the answer?  Specifically, can the insurance company drop the dog owner or raise his rates? 

The answer is yes, to both, most likely, but it depends on a couple of things. 

 

Insurance Policy Language

The dog owner’s liability insurance policy must contain express language describing how and when the carrier may increase rates or drop coverage entirely. For example, the carrier must articulate a reason why the premises is more dangerous due to the presence of the dog.  But here’s the thing:  the fact of a dog bite does not mean a dog is “dangerous.” 

For example, a docile dog that’s provoked to attack is not “dangerous.”  In fact, in PA’s Dog Law requires the claimant to prove the absence of provocation to establish claim for injuries from a “dangerous dog.”

Plus, the Unfair Insurance Practices Act (“Act 205”), 40 P.S. §§ 1171.1-1171.15, comes into play.  It  allows the policy holder to request a hearing to challenge the rate increase or cessation of coverage, if it not warranted.  

Enter the parties in Skotnicki v. INS. DEPT., 175 A.3d 239, 644 Pa. 215 (2017).

 

Supreme Court Determines: Rules Were Followed

In Skotnicki v. INS. DEPT., 175 A.3d 239, 644 Pa. 215 (2017), an insurance company dropped a home owner’s liability insurance coverage, due to a dog bite.  The policy owner challenged the matter through the courts, claiming his dog had been “provoked” into attacking. Still, the Supreme Court of Pennsylvania found the carrier demonstrated a danger from the dog — and the absence of provocation regarding the bite at issue.  As such, the carrier’s decision to drop coverage for the owner complied with the Unfair Insurance Practices Act. 

 

Contact Us Today! 

Our lawyers in Pittsburgh are here to answer questions about any dog bite related claim.  

412.400.5476