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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.
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