Pets as Personal Property

August 1, 2011

We recently had a complaint filed regarding injury to a cat. The neighbor's dog came onto the residence of the cat's owners and mauled the cat. The cat survived with over $1500 in vet bills. The dog owner's insurance carrier is only offering payment of $600 basing it on the cat being a chattel. I am confused as I understood that economic expenses such as the vet bills should be paid in full, while the noneconomic bills could be paid up to the fair market value of the property. Your insight would be greatly appreciated.

 

Vermont Subscriber

The cat was wounded, not deceased. Since the cat is a living being, even though it is considered property, it really can't be declared a total loss. The owner of the cat has a right to be restored to preloss condition, which is with a healthy, intact cat. The value of a replacement cat, if you could determine such, doesn't restore the claimant. The cat is “repairable” for lack of a better term, so the value of a replacement isn't correct. The vet bills should be paid for, since that “repairs” the cat, and restores the claimant to preloss condition. Had the insured's son accidentally damaged the garage door, the damage would be repaired; the door wouldn't be replaced unless it was totaled.

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