Others firmly believe that the owners are at fault for not training their dog properly. They point out that even small dogs can bite and show aggression. For example, the CDC statistics reveal that a West Highland white terrier, normally 10 to 11 inches in height weighing between 13 and 20 pounds, caused a fatality.

The Manuscript Exclusion

In the past, some carriers would agree to write a policy with a dog of a certain breed but would create a manuscript exclusion for the animal. At the time, “dog” exclusions did not exist. This allowed the carrier to maintain a good insured but eliminate the risk associated with either a dog that had already bitten someone or for a breed known for aggressive tendencies.

The American Association of Insurance Services (AAIS) has recently developed and filed an exclusion for the homeowners' form for contact with dogs listed on the exclusion. Characteristics, other than their name, must be very specific, so that the dog is readily identifiable. This alleviates confusion if the dog's name is changed or the insured has multiple animals. A description such as a black and white mutt named Spot will not do. The list of characterizations must be detailed enough that the dog can be recognized, and thus distinguished, from any other dog. The insured is required to sign the endorsement acknowledging that coverage for bodily injury, property damage, and medical payments is not available when caused by contact with the dog. 

Other Exclusions

Under the umbrella program, two exclusions have been developed: one that excludes contact with any canine, and another that excludes coverage unless coverage for the dog is provided by underlying insurance.

Note that the exclusions are not breed-specific. While carriers in the past have used breed-specific underwriting requirements, the newly developed endorsements do not restrict coverage by breed, but rather by specific animal. ISO's canine exclusion works in much the same way.

Most states would agree that most dog legislation defines certain animals as “dangerous dogs” based on past behavior. If a dog has injured a human or other animal and the dog was not provoked, then that dog may be considered a dangerous dog. The owner has to maintain a certain level of liability coverage, provide a secure enclosure for the dog, keep the dog on a leash when it is out of the house or enclosure, and maintain other such safety measures. This allows for the Chihuahua with the bad temperament to be treated as a hazard and the well-behaved chow to be treated like the docile dog it is.

Many people will disagree with this approach, but it seems to make the most sense. There are well-behaved dogs and poorly behaved dogs, and dogs that exhibit problem behavior must be handled differently than their friendly companions. Under guidelines such as these, the dog that is provoked is excused for its behavior for defending itself, its owner, or its owner's property. After all, even a dog should not have to put up with a threat to its own safety.