Homeowner's Insurance

[sdasilva27]

Does anyone know if the whole thing about homeowner's insurance increasing because you own a chow to be true or false? Does it differ by region? Do you even have to tell your insurance that you own one? Where can I research this more?

I remember my parents years ago saying that only one of the twelve companies that issued insurance to their area would insure them because they had a chow. I'm not sure if the premium was much higher than what they previously had though.

My fiance seems to think it doesn't matter because it is his understanding that as long as you post a "beware of dog" sign in your yard/front window, that people can't try to sue you or put a claim in if they are bitten by your dog because they were fully warned. He's lived in Florida his whole life and has lived with many pets but they were all his sister's and he never worried about things like the home insurance. I've never owned a pup in Florida so I'm not sure if things are different here at all.

I'm going to call my agent as soon as they open but I wondered if anyone here had any helpful info.

PS: It really makes me mad that chows are blacklisted at all!

[Katies Mom]

Who is your insurance company? You have to tell them, however, if you are with Citizens, then I believe they exclude dog bites in all cases, your agent should know the answer to that question. I am with Citizens, and they have the exclusion (which means you pay for all cases), and there are MANY insurance companies who will use any excuse they can to drop you, even if you have a current policy. You may end up changing insurers because of it.

And, there is a bad dog statute on point in Florida, he is correct. Look at Fla. Stat. 767.04 (if you google the words Florida statute on line, it will link you to the Florida legislature page, then click on the chapter). However, this statute does NOT relieve you from being sued, and there are exceptions including, without limitation, children under 6, who are strict liability to the homeowner. You need to review the statute carefully - because the "exceptions" are what is the relevant part (meaning, the statute says the homeowner is strictly liable, but . . ), and then discuss it with your agent or an attorney who practices in this field of law if there are further questions.

[sdasilva27]

Thanks, I'll read up on it more now.

You said that dog bites are excluded from your policy so you pay for all cases. By that you mean, if someone comes on my property and my dog bites them because he was provoked, I'm still responsible to pay for any medical care or more that the person wants to rake me for? I don't ever plan on leaving my pup outside alone so the only reason I would even think of having to worry would be someone in the house and if you're not invited in and introduced to my pup, you shouldn't be in my home. All responsibility is void if the person bitten has broken in to my house I'm hoping...

[sdasilva27]

Here's the statute, can someone help me decipher it?

767.04 Dog owner's liability for damages to persons bitten.--The owner of any dog that bites any person while such person is on or in a public place, or lawfully on or in a private place, including the property of the owner of the dog, is liable for damages suffered by persons bitten, regardless of the former viciousness of the dog or the owners' knowledge of such viciousness. However, any negligence on the part of the person bitten that is a proximate cause of the biting incident reduces the liability of the owner of the dog by the percentage that the bitten person's negligence contributed to the biting incident. A person is lawfully upon private property of such owner within the meaning of this act when the person is on such property in the performance of any duty imposed upon him or her by the laws of this state or by the laws or postal regulations of the United States, or when the person is on such property upon invitation, expressed or implied, of the owner. However, the owner is not liable, except as to a person under the age of 6, or unless the damages are proximately caused by a negligent act or omission of the owner, if at the time of any such injury the owner had displayed in a prominent place on his or her premises a sign easily readable including the words "Bad Dog." The remedy provided by this section is in addition to and cumulative with any other remedy provided by statute or common law.


So would posting "bad dog" release responsibility from me unless the person bitten is under age 6? I'd rather be safe than sorry even if the dog is an angel. Does it explicitly have to say "bad dog" or can it say "beware of dog"?

[Katies Mom]

Liability in general is a broad issue, for anything relating to anyone owning real property. Nothing will keep you from being sued if someone really wants to sue you, people are sued every day and have to hire lawyers to defend them, even if they are in the "right". There are "interpretations" on this statute, but you would need to consult with an attorney who practices in this area of law (liability law including dog bites). Once you speak with your insurance agent, I have the feeling that you may get enough information to make a decision as to whether or not this is something that will work out for you. Keep me posted.

[sdasilva27]

Ok so I just spoke with my agent. He was very honest with me. His point was that the only company that'll give you a policy in Florida if you have a chow is Citizens. He said the premium would be higher but he's going to check on it and call me back but that they don't give you any coverage for dogs no matter what. His recommendation was basically just not to tell my carrier if I get one. He said worst comes to worst and my chow does end up biting someone that they just won't pay on it and will probably drop me. But said he recommending doing it just because that's what would happen anyway. He also said that you can usually get out of being held responsible if you have enough signs up but told me to look into the regulations about it because he said you have to have a certain number of signs every so many feet and they have to be at certain heights and everything. He did say that there's no way to keep someone from trying to sue you so you'd be out attorney fees if something were to happen. I'm not going to post what my plans to do are because that's probably against some rule somewhere and I can't give advice to anyone else just as he said he couldn't actually tell me what to do but did tell me what he would probably do himself. Either way, a chow is important to me so when it comes down to it, I know a dog is going to cost me more than not owning one. Now, I just have to throw additional insurance premium/possible attorney fees into my savings account that's set up specifically for the pup. That way no matter what happens, I have money for him or her, whether it be unexpected vet bills or whatever. Amidst all this, I'm still exicted!

[Chow Chow Mama]

Do you have State Farm in Florida? That is who I have and they have no breed limitations. They will insure any breed as long as it doesn't already have a bite history.

[sdasilva27]

Hmm, I will try to give them a call. My current agent said Citizens is the only he knew of that would insure a chow in Florida. Thank you for the info.

[Chow Chow Mama]

I actually just had to switch to them because my previous insurance said they wouldn't insure me anymore.

[Red Dragon]

Here's the statute, can someone help me decipher it?

767.04 Dog owner's liability for damages to persons bitten.--The owner of any dog that bites any person while such person is on or in a public place, or lawfully on or in a private place, including the property of the owner of the dog, is liable for damages suffered by persons bitten, regardless of the former viciousness of the dog or the owners' knowledge of such viciousness. However, any negligence on the part of the person bitten that is a proximate cause of the biting incident reduces the liability of the owner of the dog by the percentage that the bitten person's negligence contributed to the biting incident. A person is lawfully upon private property of such owner within the meaning of this act when the person is on such property in the performance of any duty imposed upon him or her by the laws of this state or by the laws or postal regulations of the United States, or when the person is on such property upon invitation, expressed or implied, of the owner. However, the owner is not liable, except as to a person under the age of 6, or unless the damages are proximately caused by a negligent act or omission of the owner, if at the time of any such injury the owner had displayed in a prominent place on his or her premises a sign easily readable including the words "Bad Dog." The remedy provided by this section is in addition to and cumulative with any other remedy provided by statute or common law.


So would posting "bad dog" release responsibility from me unless the person bitten is under age 6? I'd rather be safe than sorry even if the dog is an angel. Does it explicitly have to say "bad dog" or can it say "beware of dog"?

Basically what that means is you are responsable for your dogs actions wherever you go with it in the state of Florida. The exception would be in your home if you had signs up warning people of a dangerous dog, the sign would have to include the words "Bad Dog" to qualify. With the way the laws are these days and the way judges look at things, it won't matter if you have a sign up or not, if your dog bites someone, even on your own property, you are likely going to have to pay for any damages. If the dog attacks a child under six, you are gonna pay regardless of a sign or not. I would advise being careful about lieing to your insurance company, if your dog should attack someone and the person attack sued the insurance company and won, the company would come back and sue you for lieing to them. You need to find a company that will insure the breed.

[Katies Mom]

State Farm quit writing in Florida years ago and just asked the governor for a 47% rate hike and the governor told them to go take a hike, twice in fact - for me - I pay over $2,000 for homeowner's insurance (without my flood policy, which is extra) with a Citizens policy, which is a high premium, do the math on what 47% would have meant for me. When I moved back to Florida a couple of years ago, even though I'd been with State Farm for over 20 years, they would not write me. Her insurance agent is no doubt correct, and Citizens is the "insurer of last resort" here in this State. Things are just done "different" here than any other place due to the hurricane issue and the insurance companies get away with a lot - they drop people and give them a very short window to get new insurance, and if there is a named storm within 600 miles, you can't even get a policy here. It is pitiful how much these companies can get away with. People need to do what they are comfortable in doing. There is no other company that will insure this breed here. I checked into it myself - they have you over a barrel. And Sam, I don't mean to be rude, but the statute was enacted for a reason, and does provide some insulation for people who comply with it - maybe not a get out of litigation free card so that you don't have to defend yourself, but you would have an affirmative defense to assert to total liability. Our judges may be backwoods in some counties, but they can read statutes.

[sdasilva27]

I'm sorry, I didn't want to start any bickering. I'm going to do what I'm comfortable doing within the whole 2 options that I have. I really can't believe I'm being limited like this, I feel like I can't win, just one other thing I hate about Florida. If my entire family hadn't moved here, I think I'd move back north.

[Red Dragon]

I'm sorry, I didn't want to start any bickering. I'm going to do what I'm comfortable doing within the whole 2 options that I have. I really can't believe I'm being limited like this, I feel like I can't win, just one other thing I hate about Florida. If my entire family hadn't moved here, I think I'd move back north.

No bickering here, just trying to offer sound advice for the state of Florida. They have some of the most strict dog laws in the country and they enforce them. I have known a few breeders that bred Chows down there and they quit. One reason is because due to the insurance bans on the breed they couldn't sell the dogs, the other is they ended up in court too often over the lemon pet law in the state.

[Katies Mom]

Try living here. Good weather when you're not boarding up your house getting ready for a storm, and of course, we have access to Mickey Mouse. We pay dearly in taxes and insurance here for the privilege of calling ourselves Florida residents. No offense to Mickey Mouse . . .

[Red Dragon]

Try living here. Good weather when you're not boarding up your house getting ready for a storm, and of course, we have access to Mickey Mouse. We pay dearly in taxes and insurance here for the privilege of calling ourselves Florida residents. No offense to Mickey Mouse . . .

I have friends down there, I have heard all about the outrageous insurance premiums, you really gotta love sand and ocean to stay there. One of the people down there have a puppy from me, their insurance is totally outrageous, I think it's close to 5k a year.

[sdasilva27]

I just tried posting but it doesn't appear to work so if it comes up later and this turns into a repost, mods, feel free to delete the duplicate.

While discussing our options with my fiance, I got out our current policy. It looks like we don't need to do anything and won't be lying and won't be forced to pay 3 times the amount (and not get any benefit from it).

This quote from my current policy applies to: personal liability, medical payments, and property damage of others:
"We will NOT cover any damages caused by ANY animal owned or kept by you whether or not the injury occures on your premises of any other location."

Katies Mom, is this similar to what your policy with Citizens says?