Homeowner’s Insurance and the Christmas Invader~3 min read

Jimmy was home Christmas eve when he was woken up after midnight by his dog barking. He went downstairs and it looked like a burglar was in his house. He turned on the light, and his dog lunged at the intruder. A plate of cookies and milk spilled everywhere, and the burglar (wearing bright red and looking on the older side), jumped away from the dog. He shouted something like “HO HO, OH NO!” before tripping over the shoes Jimmy left in the hallway. Jimmy heard an audible “snap”, and the old man shouted in pain. Jimmy called the police, but when they came the old man had left. However, he had left a note that Jimmy would be hearing from his lawyer as he was injured.

Jimmy just got a letter stating his dog had attacked this man (who called himself Kris Kringle), and that Jimmy was negligent in leaving his shoes out for him to trip over. Jimmy was shocked as he felt Mr. Kringle was committing a crime when he entered his home uninvited. Apparently, Mr. Kringle said he was invited into the home because it was Christmas Eve and Jimmy’s kids had left cookies and milk for Santa Claus. This guy apparently has the nerve to say he’s Santa! He asked for his homeowner’s insurance, and Jimmy has no idea what to do.

First, this claim would initially likely be covered by Jimmy’s homeowner’s insurance. A homeowner’s insurer for a covered claim will likely pay for the defense (i.e. the insured’s lawyer, if needed) and indemnity (i.e. pay) the claim up to the policy limits. An insured has a duty to cooperate in most policies, so Jimmy in this instance would notify his homeowner’s of the claim and let them investigate despite the fact he thinks the claim is bogus.

Second, the issue in this case may turn on whether Kris Kringle is a trespasser or not. One of the only defenses to liability in a dog bite case is that the person bitten was a trespasser. This will turn on whether Kris Kringle was invited or not, and if so, the trespassing defense may not be applicable.  If the insurer denies the claim, Mr. Kringle have to file a lawsuit to recover and prove his case in front of a jury.

Homeowner’s insurance can cover a wide array of claims, including bodily injury claims. Dog bites or attacks, for example, are traditionally covered events under a homeowner’s insurance policy. A slip or trip and fall is also traditionally covered, so in this case both the dog barking and the fall over the shoes in the hallway may give rise to a covered claim.

At Parnell, Michels & McKay, we handle a wide variety of injury claims and also handle insurance coverage disputes that arise out of injuries our clients sustain. If you were injured and are not sure if your claim will be covered, the experienced team at PMM Law can help you. Please contact us today.

We have 2 offices to serve you:

25 Nashua Rd., Suite C5, Londonderry, NH 03053

137 Main St., N. Woodstock, NH 03262.