THE ONE BITE RULE 
Thursday, April 19, 2018, 07:18 PM
Posted by Administrator
Say you have a dog. It is six years old and it's never bitten anybody. One day, as you walk the dog (we'll call him "Rex") down the sidewalk on the flower-lined suburban block you've lived on since you were a teenager, Rex, who is a medium size Husky, suddenly lunges on the leash too quickly for you to react and he bites a little kid who is passing the other way on the sidewalk on his left cheek.

The kid (we'll call him "Doug") goes home and his parents call the lawyer and the lawyer writes a demand letter. For a time when I was in law school in Gainesville, I wrote demand letters for a local lawyer. One of the first things I learned was that all victims of facial dog bites were planning on becoming models (I did not last long working for this lawyer....this is one reason why). Anyway, you get the lawyer's letter about the scar on Doug's face and his lifelong dream to be a model and the letter says to tell her about your homeowner's insurance.

Though you suspect that if you don't answer the letter, Doug's parent's lawyer will lose interest because no insurance=no easy money for her. On the other hand, if she pursues it, your insurance could assert a policy defense and try to wriggle out of coveraging the claim. They could say that by not notifying them right away about what happened to Doug, you impaired their opportunity to investigate the claim and properly defend you. Your insurance policy says you've got to tell them immediately about any claims that are made.

TO BE CONTINUED...
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