Anytime dogs and insurance are mentioned together, everyone is all ears. Aside from the fact that millions of people own and love dogs, there are many people afraid of dogs or who have had bad encounters with various house pets. Some of these encounters are the fault of the dog, the owner, or the injured. Regardless, everyone has an opinion about dogs and whether they are inherently bad depending on the type of breed they are, or whether their behavior reflects on the training or lack thereof provided by the owner. Various cities and states have even established regulations concerning dogs, and insurance companies have had their own issues.
Back in the 1990s bad dogs were the bane of personal lines underwriting. It was common then for carriers to maintain lists of specific breeds that were not eligible for a homeowners policy if the insured owned a dog of one of these breeds. Most commonly the list included Pit Bulls, Doberman Pinchers, German Shepherds, Akitas, Chow Chows, Rottweilers, Siberian Huskies, Presa Canarios, Boxers, and Great Danes. The thing all these breeds have in common is size and strength.
While Pit Bulls may not be as large as many of the others, they are tenacious and strong and are the breed most often considered dangerous. They have been trained to fight in illegal dog rings and often mistreated. Unfortunately, the dogs are often confused with any dog with a similar appearance. There are four recognized Pit Bull breeds: American Pit Bull Terrier, the Bull Terrier, the American Staffordshire Terrier, and the Staffordshire Bull Terrier. It was in the 1980s that illegal dog fighting made a comeback in America, creating issues with Pit Bulls and other dogs that could be trained to fight. Likewise, the same breeds were used by drug dealers and gangs as guard dogs.
In 1987 a police officer went to a home to respond to a claim of a dog attack that occurred the evening before. The owner of the dog let the dog out, and the dog attacked the officer causing serious injury for which the officer was hospitalized for five days. The attack made headlines, and in response to this and localized attacks elsewhere, various cities enacted bans against Pit Bulls. Other attacks in 1987 included a chained Pit Bull guarding a marijuana crop in California that killed a two and a half year old child. A three year old child in Ohio lost part of her nose after being attacked by the family's own Pit Bull, and a Michigan man was charged with assault with a deadly weapon when his Pit Bull attacked a twelve year old girl. These and other attacks spurred many states and communities to establish or strengthen animal control ordinances or outright bans on certain breeds of dogs, pit bulls particularly.
But pit bulls are not the only problem. In 2001 two Presa Canarios attacked and killed a neighbor bringing home groceries at her apartment. The owners of the dogs were attempting to start an illegal dog fighting business. While in prison friends of the owners took custody of the dogs and chained them in a corner of a farm, making them more aggressive. Possession of the dogs was transferred again and while the dog keepers were taking the dogs up to the roof the dogs attacked Diane Whipple in the hallway inflicting seventy-seven wounds from which she died hours later at the hospital. The individuals with custody of the dogs were convicted of second-degree murder and manslaughter.
As a result of these cases public fear and outcry over these "bad dogs" became a concern, and many states created legislation banning certain breeds.
Claims for dog bites could not only be expensive but exceed policy limits; therefore many carriers refused to write homeowners policies for people with dogs of certain breeds. Applications would be denied if a potential insured owned a dog of a listed breed unless the applicant got rid of the animal. Carriers would also nonrenew policies when a dog bite claim had occurred as the presence of a restricted dog that had bitten someone was a significant increase in hazard. While some carriers used to give the dog one free bite where the policy would not be nonrenewed, similar to today's popular accident forgiveness policies on auto forms, many discontinued such practices. After a while some carriers would write a manuscript exclusion for the dog in question so that the homeowner could have coverage for his home but any injuries or damages caused by the dog were excluded.
Costs of dog bit claims have risen; in 2015 bites caused injuries of more than $37,000 per claim, and in 2020 those costs are now $50,425. According to the Centers for Disease Control (CDC) nearly 1 in 5 people bitten by a dog need medical attention. According to the Insurance Information Institute (III) the total cost to the insurance industry is over $854 million for 2020. From 2003 to 2020 the average cost per claim has risen 162%, due to increased medical costs, larger settlements, and other factors. Bites often become infected and often require plastic surgery to restore facial features or reconstructive surgery to repair fingers and hands.
The Centers for Disease Control (CDC) states that approximately 4.5 million dog bites occur each year, with one out of five bites becoming infected. Children from ages five to nine are the most likely to be bitten, followed by men. Most bites occur at home with the family pet. For example a case occurred where the insured had a mother Doberman with her puppies in a fenced in area. The insured's daughter and toddler granddaughter came to visit. The toddler climbed into the dog pen while the insured and the parent were not watching, and the toddler was severely mauled. The dog was behaving naturally; had the adults been watching the child, the trauma could have been prevented. This claim exceeded policy limits.
Like a bad joke, postal workers truly do get bitten frequently. A recently released report by the U.S. Postal Service shows that 5,800 postal workers were attacked by dogs in 2020, an increase compared to 2019. Interestingly enough while email has taken over much correspondence, the ability to buy almost anything online and have it delivered to your home is thought to be a large part of the increase in dog bites to postal workers. The Postal Service provides carriers with an app to warn of potentially hostile dogs. If a residence is known to have a hostile dog, in extreme circumstances the resident may be asked to pick up mail at the post office until a known biter is restrained.
Breeders were of course in an uproar and protested mightily that the breeds in question were being maligned, and that there were no bad dogs, just bad owners. Also, many people will get a gentle dog when the children are small and let them "play" with the dog by pulling on tails or ears, which when the child tries this on a less gentle dog the results are obvious—a dog bite. Even though humans are at fault in many biting incidents, dogs always get the blame. Over time, positions changed so that concern is more about an aggressive dog based on the dog's behavior instead of the breed of the dog.
The American Society for the Prevention of Cruelty to Animals (ASPCA) has a position statement on dogs that states that dogs may behave in certain ways by virtue of training and socialization or lack thereof, in combination with certain predispositions, may be wary of strangers or aggressive towards other animals if not supervised and controlled by their owners. The ASPCA states that people must be held responsible for proper supervision of their dogs and any actions that would encourage or increase aggressive behavior. The statement also affirms that states must be aware of the rights of pet owners and that laws targeting "dangerous dogs" be mindful of owners' rights.
Also it must be remembered that dogs will naturally protect themselves, their offspring, their home, or their humans if threatened or if they have been harmed by a particular person or animal before. The ASPCA is officially against breed laws; any dog can be dangerous and there is no credible evidence that breed determines or predicts dangerous. Dogs labeled as "dangerous" should be so based on the temperament and behaviors of the dog, as well as the situation in which an attack occurred, not the breed. The label "dangerous dog" should be based on animals who have attacked a person or animal without justification, that caused injury or death, or that strongly exhibit behavior that indicates the risk of such attack as determined by a Certified Applied Animal Behaviorist, board-certified veterinary behaviorist, or another trained animal behaviorist.
The ASPCA has specific recommendations once an animal has been determined to be a dangerous dog. They recommend that states require owners of dogs deemed dangerous to do the following:
·Have the dog evaluated by an animal behaviorist and complete any recommended training
·Spay or neuter the animal
·Secure in a humanely confined area that prevents escape or unsupervised contact with the public and allows the dog adequate exercise and provides protection from the elements
·Direct supervision by someone eighteen years old or older whenever the dog is on public property
·Restraint on a leash whenever the dog is in public
·Muzzling in a manner that prevents the dog from biting people and animals but does not injure the dog or interfere with vision or breathing
·Microchipping
Euthanasia and permanent confinement are seen as extreme, last ditch remedies when a dog attacked without provocation, caused serious injury or death, or a behaviorist who has personally evaluated the dog determines that the dog poses a substantial risk and that no other action will make the dog suitable to live safely with people.
Similarly, the American Veterinary Medical Association has a Task Force on Canine Aggression and Human-Canine Interactions. The task force states that singling out one or two breeds of dogs as aggressive ignores the true scope of the problem. The task force also points out a number of things about statistics:
·Numbers will be skewed towards popular large breeds; larger breeds can cause more damage, and if a breed is popular there are simply more of them
·Small dogs can also bite and cause serious injury
·Mixed breeds are often mislabeled as purebreds
·Individuals misidentify dogs by breed
·Reporting of bites is not accurate
·The actual number of dogs of a particular breed in a community is impossible to calculate as not all dogs are licensed
The task force has the same concerns about breed-specific legislation and how a dog is determined to be dangerous and what steps should be taken once that happens. Many recommendations are presented for communities wanting to reduce the incidence of dog bites.
All states have statutes surrounding liability for dog bites, definitions of dangerous or vicious dogs, and leash laws. While some cities and municipalities still have breed-specific legislation, as do some states, more states have dropped breed-specific legislation over the past few years. Opinions on breed specific legislation change with some frequency. However, the regulations focus on defining a dog as dangerous based on behavioral criteria, instead of breed type, as the determining factor. These statutes are outlined in separate charts. See Dog Bite Statutes Part I – Liability Laws, Dog Bite Statutes Part II – Definition of Dangerous, Dog Bite Statutes Part III – Leash Laws.
Recently the state of Nevada passed Senate Bill 103 that prohibits carriers from canceling, nonrenewing, turning down, or raising premium on accounts with dogs of a particular breed. What carriers can do is cancel, nonrenew, turn down or raise premium on an account based on sound underwriting on the basis of a particular dog known to be dangerous or vicious in accordance with the state statute NRS 202.500. A carrier cannot ask about the breed of a dog on premises, other than to ask if the dog has been declared dangerous or vicious in accordance with the statute.
Some states have dangerous dog registries where the dog and the owner are listed as known dangerous dogs. Virginia has a dangerous dog registry that anyone can search by city, county, dog tag, dog name, owner address, or zip code and obtain a list of registered dogs declared dangerous by local courts. The registry gives the name, breed, and description of the dog as well as the incident that resulted in the dog being labeled as dangerous. It also lists requirements imposed by the judge on the owner of the dog. Requirements could include obtaining a dangerous dog permit, fines, restitution to victim, requirements to comply with state code dangerous dog regulations, and others. Pennsylvania also has a dangerous dog registry that lists the county, status of the dog, dog name, color, breed, owner and owner's address. Volusia County in Florida has a registry that gives the address, description, breed, and picture of the dog. Arlington County includes a Coon Hound, Australian Shepherd, and Great Dane, along with a Rottweiler, and Pit Bull as dangerous dogs.
So where does all this leave the industry? Underwriters are on the front line of the dog issue—they are the ones to determine whether or not a homeowner application is approved when a dog is present in the household. First the underwriter is going to adhere to company standards. But an underwriter cannot just rubber stamp a poodle because it is not considered in general to be a "dangerous dog." The underwriter should gather some key information: gender and age of the dog, is the yard fenced in, is the dog taken out for walks, is the dog neutered or spayed, has the dog had any obedience training? Also does the dog have any history of biting or aggressive behavior? A potential insured may not disclose such information, and this is where the state registries become helpful. If the state has a registry that should be checked in order to be sure the dog has not been listed as a dangerous dog by the state.
Americans own 77 million dogs as pets. Some of those dogs are sweet and loving, while others are protective and others are aggressive. Any dog is apt to become aggressive while protecting its young or territory—failure to recognize that can result in a less than positive encounter. Public opinion is strong when it comes to dog breeds; there are those that see certain breeds as inherently dangerous, and others see those dogs as well-tempered when trained properly. The ultimate truth is that the larger the dog, the more damage it can inflict, and a dog that has not been trained to behave, or whose owner does not know how to handle it, presents a larger chance for biting.
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