Skip to main content

Insurance Company Won't Cover Fire Damage Because of Pit Bull

News 12 had a story that a woman's house was severely damaged by fire caused by her dryer. She had homeowner's insurance, but when she put in a claim for the fire damage, the claim was denied because the insurance company said she had a pit bull, and the insurance company doesn't cover homes with pit bulls.

The story gets even stranger because there is apparently a letter with her signature saying she doesn't have any pets. The homeowner says she didn't sign the letter. Which, if true, could be bad (possible fraud by the broker).

This is the area of law known as insurance coverage. It is based on the idea (in my opinion) that insurance companies want you to pay your high monthly premiums, but when you file a claim, they will look for any excuse to deny it.

Do insurance companies have an interest in not covering homes with pit bulls in them? Yes, simply as a consideration of risk--based on the reputation of pit bulls, that they can be aggressive and may be more prone to biting people than other dogs, which means that house is an increased risk for things like dog bite claims.

Did the pit bull in this case have any role in causing the fire? Probably not. Does that fact weigh in favor of the homeowner? Probably, but I would have to see all the policy documents.

I won't comment on the possible fraud. That opens up its own can of worms.

I have successfully settled and won favorable decisions from judges in insurance coverage cases for clients. Sometimes you, as the consumer, have to sue the insurance company; sometimes the insurance company sues you to get out of coverage. But if the insurance company sues you, and you win, they pay your attorney fees.

If you believe your insurance company has wrongfully denied a claim, contact me at 516-252-9500 or at greg@gcurrylaw.com.
Labels:

Comments

Post a Comment

Popular posts from this blog

Respond to Demands for Evidence or Be Prepared to Have Your Case Thrown Out!

The evidence or fact-gathering phase of a lawsuit is called "discovery". Each party is entitled to demand various kinds of evidence from the other party or parties in preparation for a possible trial. Two common kinds of discovery demands are a "Demand for Discovery and Inspection" and "Interrogatories" (which are written questions, answered in writing, under oath). (Psst: Interrogatories are basically a waste of time, but that will be left for another day.) In a recent decision , a New York appeals court affirmed the ruling of a lower court, throwing out a case for plaintiff's failing to respond to defendants' discovery demands. In that case, an LLC sued an architecture firm for malpractice and breach of contract. During the discovery phase, defendants architects served plaintiff with a Demand for Discovery and Inspection and Interrogatories. You only have 20 days to respond or object to discovery demands, or you lose a lot of rights in how yo...
Post a Comment
Read more

Consumer Law Update: FTC sues DIRECTV for Deceptive Business Practices

I'm sure most people think that "of course" big businesses are constantly, intentionally, ripping people off and are engaged in deceptive business practices. As a lawyer, my inclination is I can't believe a big business, with lots of executives and lots of lawyers looking things over, could possibly offer promos or services that are so misleading or deceptive that they are illegal. They can't possibly be that dumb. Sometimes I'm wrong. For instance, the Federal Trade Commission has sued DIRECTV in San Francisco federal court for engaging in deceptive and misleading business practices in violation of federal law. DIRECTV was telling consumers, hey, look at our low monthly rates and look at all the great stuff you get, come sign up with us! However, DIRECTV failed to adequately disclose that, oh, by the way, in order to get that great deal, you have to sign a two-year contract; those low rates are only good for the first year; your monthly bill could go ...
Post a Comment
Read more

Insurance Companies Trying to Gag Superstorm Sandy Victims?

As reported in several news articles ( this one  is free), in the aftermath of superstorm Sandy, engineering firms were hired by insurance companies to inspect the homes of people making claims for flood damage.  There have been allegations that two of the engineering firms, U.S. Forensic out of Louisiana, and GEB HiRise out of Uniondale, forged property damage reports in order to deny claims. The NY State Attorney General is investigating those allegations and wants to talk to the homeowners.  At the same time, there are about 1,800 lawsuits in federal court involving the insurance coverage claims. A three-judge panel is trying to expedite resolution of the cases.  Last week it was revealed that one of the insurance companies, The Standard Fire Insurance Company, which is a subsidiary of Travelers Insurance, drafted language in a settlement document saying that any homeowner who accepts a payout of their claims cannot cooperate with the criminal invest...
Post a Comment
Read more