Dog Bite – Insurance Coverage

By: Derek Hawkins//May 30, 2018//

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WI Court of Appeals – District II

Case Name: Kathryn Baumann-Mader, et al. v. Integrity Mutual Insurance Company, et al.

Case No.: 2017AP1369

Officials: Neubauer, C.J., Reilly, P.J., and Hagedorn, J.

Focus: Dog Bite – Insurance Coverage

The victims of a dog attack by “Tank,” as well as Tank’s owners, ask that we reform the owner’s homeowner’s insurance policy so as to provide coverage for damages Tank caused to the victims. We decline to do so and affirm as Integrity’s policy unambiguously excludes coverage for injuries caused by a dog that has previously injured a person. The circuit court did not err in granting summary judgment as there are no facts to show that Tank’s owners requested coverage for injuries caused by a dog with a prior history of causing injury to a person or that the insurance agent understood that Tank’s owner desired such coverage and mistakenly failed to secure the alleged coverage at the time the policy was issued.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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