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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. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  2. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  3. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  4. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  5. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

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