Case Law Update: Insurance Company Not Required to Indemnify Owners of Dog That Bit Child

The recent decision in State Farm Fire and Casualty Company v. Martinez, No. 1-06-1902 (8/5/08) ruled that an Insurance company was not required to defend or indemnify owners of dog, occupying insured premises, which bit child. Because named insured never resided in insured dwelling, or intended to, but obtained loan to purchase dwelling on behalf of relative with poor credit rating, the occupants did not qualify under policy as members of named insureds’ household. The personal injury and premises liability suits were affirmed.

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