Carriers Take A Bite Out Of NJ Dog-Bite Coverage
The New Jersey Law Journal reports this week that several carriers are limiting or excluding coverage for dog-bites. Dog-bites account for roughly one-third of homeowners insurance claims nationally, notes the article. The growing popularity of breeds capable of attacking humans (e.g., pitbulls) is changing what had previously been viewed as nuisance litigation.
Under New Jersey law, dog owners are liable for damages regardless of the former viciousness of the dog or the owner's knowledge of such viciousness. N.J.S.A. 4:19-16. Accordingly, dog owners are held strictly liable rather than enjoy "one free bite". That, and jury sympathy aroused by a child scarred from a bite, have made dog-bite litigation relatively straightforward, if not particularly lucrative.
The article reports that carriers are becoming increasingly selective over what breeds they will insure, despite the fact that --with the exception of a few notorious cases -- dog-bite verdicts are relatively small. To educate victims of their rights, Red Bank lawyer Bruce Regenstreich has created a new web site bitbydog.com.
The New Jersey Law Journal reports this week that several carriers are limiting or excluding coverage for dog-bites. Dog-bites account for roughly one-third of homeowners insurance claims nationally, notes the article. The growing popularity of breeds capable of attacking humans (e.g., pitbulls) is changing what had previously been viewed as nuisance litigation.
Under New Jersey law, dog owners are liable for damages regardless of the former viciousness of the dog or the owner's knowledge of such viciousness. N.J.S.A. 4:19-16. Accordingly, dog owners are held strictly liable rather than enjoy "one free bite". That, and jury sympathy aroused by a child scarred from a bite, have made dog-bite litigation relatively straightforward, if not particularly lucrative.
The article reports that carriers are becoming increasingly selective over what breeds they will insure, despite the fact that --with the exception of a few notorious cases -- dog-bite verdicts are relatively small. To educate victims of their rights, Red Bank lawyer Bruce Regenstreich has created a new web site bitbydog.com.
