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COA: Insurer has no liability for dog bite injuries

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The Indiana Court of Appeals upheld summary judgment in favor of Auto-Owners Insurance Co. on the issue of whether it had liability to cover the damages sought by the parents of a boy bit by a dog on the insured’s property. The person residing at the home, whose dog bit the boy, was not considered an insured under the policy.

Ginger Hawk owned the house in Gas City and had it insured by Auto-Owners. Michael Carl, Hawk’s cousin, lived in the home. Hawk testified that she would drive by the home a few times a year but never went inside the house. Braydon Didion was allegedly bit in the face by Carl’s dog while Braydon played in the yard in front of the home. Bradyon’s parents sued Carl in July 2008 and added Hawk to the complaint. The Didions received default judgment. Hawk did not notify Auto-Owners about the incident and lawsuit until July 2009 when she first learned of the lawsuit after discovering a lien on the house and then speaking to Carl.

The trial court granted the insurer’s motion for summary judgment finding Carl did not live with Hawk at the time of the incident and he is not an insured under the policy.

The Didions argued that since Carl is a blood relative of Hawk and he “resided” with her in the Gas City house, he is an “insured” under the policy.

“… we do not believe that any ordinary policyholder of reasonable intelligence would understand an absentee landlord who does no more than drive by a house every so often to ‘reside’ in that house,” Judge Cale Bradford wrote in David Didion and Kristi Didion as Parents and Legal Guardians of Brayden Didion v. Auto-Owners Insurance Company, 27A02-1303-PL-232.

The majority also addressed whether Auto-Owners received adequate notice of the loss, which it affirmed it did not.

“We have little trouble concluding that the length of delay in this case was unreasonable. The facts of this case amply support our conclusion: in the over one year that passed between the Loss and Ginger’s notification to her agent, the Didions’ lawsuit had not only been filed but had already proceeded to default judgment regarding liability and damages,” Bradford wrote.

Judge L. Mark Bailey wrote in his concurring opinion that the appeals court should not have looked at the question of the timeliness of the notice because the lack of coverage inquiry is dispositive.
 

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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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