Even dogs that might seem gentle at first glance are a capable of causing severe harm without warning. When this occurs, victims could wind up with cuts, emotional damage and even broken bones. New Jersey law gives injured parties the ability to obtain compensation from pet owners even without a showing of negligence, but sometimes securing full payment depends on the defendant’s coverage under their homeowner’s insurance policy.
Recently, in a unique case, the Appellate Division of New Jersey’s Superior Court opened the door to homeowner’s coverage for dog-bite claims that occur at the policyholder’s vacation property. Berardi v. FMI Insurance Co. involved Anthony and Janet Berardi, who own a primary residence in Sparta, and a vacation home in Montauk, New York. For their New Jersey home, the couple obtained a policy form Franklin Mutual Insurance Co. (FMI) that included $1 million in liability coverage and $10,000 for medical payments to others. It also included a $5 million “personal excess liability umbrella coverage” endorsement.
When the Berardis’ dog attacked their housecleaner in their Montauk house, FMI denied coverage for the incident, arguing that the policy was tied exclusively to the Sparta property and did not extend to the vacation home. The Berardis contested this denial, leading to litigation.
The appellate panel found that the homeowners’ policy language was not restricted to occurrences at the primary residence. Instead, the judges said the policy broadly covered the insureds’ liability for incidents occurring anywhere, unless explicitly excluded. The absence of a specific exclusion for injuries caused by pets at other properties was critical to the court’s decision.
Additionally, the personal umbrella liability endorsement provided further grounds for coverage. Umbrella policies typically offer broader protection, and in this case, the court determined that the policy was intended to safeguard the insureds against liability for various incidents, including those at their Montauk vacation home.
Though New Jersey’s strict liability law relating to dog bites makes things easier for plaintiffs here than in some other states, there are situations where the defendant cannot fully pay for damages, such as medical expenses and lost income, from their personal funds. In these cases, it is important to retain a skillful attorney who has experience pursuing payment from insurers in dog bite claims and other types of premises liability matters.
Seigel Law in Ridgewood represents New Jersey victims of dog bites, as well as plaintiffs in other types personal injury cases. If you’ve been attacked by someone else’s pet, please call 201-444-4000 or contact us online for a free consultation.