By: Derek Hawkins//August 15, 2016//
7th Circuit Court of Appeals
Case Name: American Family Mutual Insurance Company v. David Williams, et al
Case No.: 15-3400
Officials: WOOD, Chief Judge, and SYKES and HAMILTON, Circuit Judges.
Focus: Medical Expenses – Insurance Coverage – Duty to Defend
Insurer owes a duty to defend insured from injuries caused by dog.
“Even if it were not clear that Williams was not legally responsible for Emma, there would be strong reasons to reject AmFam’s owner, keeper, and bailment theories. First, AmFam’s theory would lead to absurd results: it would render an unsuspecting bystander legally responsible for the dog whose leash he holds while the dog owner ties her shoe. In fact, nearly anyone who tried to control a dog, even for moments, at the behest of the owner would be legally responsible.”
Affirmed