Tenants dog bit someone

[quincy]

The property manager should not be liable for the dog bite, regardless of any agreement Joz has with the property manager.

 

[adjusterjack]

The way he talked is that they responded to the law firm in TN saying, "we're not giving you anything" so now it's coming to us.

That's how it works. A denial due to lack of liability is often followed by a lawsuit and then the insurance company provides a defense.

Maybe we just need a letter to dismiss.

That's not how it works.

Letters don't stop lawsuits.

 

[Joz]

I was asking what your contract with your property manager says, if anything, about indemnification for something like this.

OK, I was going to the wrong contract. Now, I found this:

"INDEMNIFICATION: Owner further agrees to hold Agent harmless, defend and indemnify Agent from all liability relating to the management of the property as well as any liability for injuries suffered by any employee or other persons whomsoever."

So, it looks like, they are not involved.
I have learned a few things. I found my insurance policy that's about 15 pages that shows we have "liability". The 4 page "renewal policy" doesn't show that. The company website shows, for basic dwelling insurance, liability is included. My agent says, we don't have it. Since the adjuster doesn't return phone calls, I went to their supervisor. Again, no return phone call.
I started calling lawyers in TN. The ones that answer the phone, don't take the defense side of a dog bite case. A few referrals that they gave me, then messages left, lead to no return calls. I've searched lawyers in Memphis and they all state, "If you or a loved one was bit by a dog..." How do I find a defense dog bite attorney?
Thanks again for the helpful responses.

 

[Joz]

That's how it works. A denial due to lack of liability is often followed by a lawsuit and then the insurance company provides a defense.

OK, I like this response. I forwarded the paperwork to my insurance agent and no response yet. Tomorrow, I will start pushing till I get to the CEO of the company.

 

[Joz]

Update: I contacted my insurance again and pushed them that I had liability and that all the advice I received was to go back to them. Our agent confirmed that the claim was moved to the legal department and gave me a number. Later that day, an insurance appointed lawyer called me and is handling the case. Yeah!! Thanks everyone for keeping me on the "Insurance" path.
But, while talking to the agent, he still indicated I had no liability. He said that rental properties can be purchased without it. And then went over past activity on my account like , one of our houses had asbestos and got canceled, another got canceled and reinstated for a "lost" payment, (their fault) so maybe the policy changed. I have the policy that shows we have liability and I researched "basic dwelling insurance for rentals" and it shows, liability "is" included for "basic" coverage. Then, yesterday, I get a letter from the insurance adjuster saying, they won't cover any medical expenses or payouts because we "don't have liability". Am I the only one that thinks they're trying to get out of this? At least, the law and evidence is on our side in the dog bite case.
Thanks again to all.

 

[Zigner]

Update: I contacted my insurance again and pushed them that I had liability and that all the advice I received was to go back to them. Our agent confirmed that the claim was moved to the legal department and gave me a number. Later that day, an insurance appointed lawyer called me and is handling the case. Yeah!! Thanks everyone for keeping me on the "Insurance" path.
But, while talking to the agent, he still indicated I had no liability. He said that rental properties can be purchased without it. And then went over past activity on my account like , one of our houses had asbestos and got canceled, another got canceled and reinstated for a "lost" payment, (their fault) so maybe the policy changed. I have the policy that shows we have liability and I researched "basic dwelling insurance for rentals" and it shows, liability "is" included for "basic" coverage. Then, yesterday, I get a letter from the insurance adjuster saying, they won't cover any medical expenses or payouts because we "don't have liability". Am I the only one that thinks they're trying to get out of this? At least, the law and evidence is on our side in the dog bite case.
Thanks again to all.

There is no liability, or there is no liability coverage?

 

[quincy]

Update: I contacted my insurance again and pushed them that I had liability and that all the advice I received was to go back to them. Our agent confirmed that the claim was moved to the legal department and gave me a number. Later that day, an insurance appointed lawyer called me and is handling the case. Yeah!! Thanks everyone for keeping me on the "Insurance" path.
But, while talking to the agent, he still indicated I had no liability. He said that rental properties can be purchased without it. And then went over past activity on my account like , one of our houses had asbestos and got canceled, another got canceled and reinstated for a "lost" payment, (their fault) so maybe the policy changed. I have the policy that shows we have liability and I researched "basic dwelling insurance for rentals" and it shows, liability "is" included for "basic" coverage. Then, yesterday, I get a letter from the insurance adjuster saying, they won't cover any medical expenses or payouts because we "don't have liability". Am I the only one that thinks they're trying to get out of this? At least, the law and evidence is on our side in the dog bite case.
Thanks again to all.

Liability coverage is standard in most landlord insurance policies. IF you opted out of this coverage, however, you probably will have to pay for your own attorney.

Your landlord policy without liability coverage means that only your rental property and the property structure is insured. Any accident or injury that occurs on your property would not be covered.

If I were you, I would first get clarification from your insurance company on whether you have liability coverage or not and if they will be providing an attorney for this dog bite case - and then start a search for an attorney in Tennessee who can defend you if your insurer won’t.

In the end, because of Tennessee’s strict liability dog bite law, you should not be held liable for the teenager’s injuries and expenses - your tenant, the dog owner, should be.