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Date Posted: 10:02:52 03/21/02 Thu
Author: SueN
Subject: Homeowner's Insurance

Insurance policies may depend on dog's breed in Delaware

By Tom Eldred, Senior writer

DOVER - At least one major insurance company in Delaware is taking a bite out of certain homeowners' ability to retain or get insurance on residential properties.

It comes down to a matter of what breed of dog the homeowner may have.

"If you have a dog or are considering buying a dog, some insurance companies are going to want to know what breed it is," said Karen Gebhart of the Records/Gebhart Insurance agency in Smyrna.

"We have a list of five breeds that one company will not write homeowners' policies for."

Newark resident Diane Wilson found out in January that her longtime insurer, Nationwide Insurance, had inspected her home and discovered she had a rottweiler in a fenced yard.

The next thing she knew Nationwide was telling her she had a "vicious animal" and would have to get rid of the dog to have her policy renewed.

"I've had my dog since he was 6 weeks old," Ms. Wilson said. "They said I would have to give up the rights to him. I was, to say the least, devastated. He's like one of my kids. I have an acre of property that is fenced. He is not a vicious dog."

Ms. Wilson said she contacted her local Nationwide agent who said there was nothing he could do. Prohibiting certain breeds of dogs was company policy.

"I asked him if I could sign a waiver stating that if my dog were to cause some kind of injury to anyone that Nationwide would not be responsible," she said.

"He said he felt very bad about it but that could not be done under company guidelines. He suggested I call the state insurance department."

Ms. Wilson said a call to the insurance department revealed Delaware has no regulatory control over the situation.

Kathy S. Gravell, a legal representative for the insurance department, agreed.

"There is nothing in the Delaware Code that covers this," she said. "Unfortunately, that is considered a change in risk. We've had several complaints from other people with similar situations."

Ms. Gravell suggested homeowners with certain breeds of dogs might want to contact their insurance agents to make sure their coverage is complete.

"If you're considering buying one of these breeds, it might be a good idea to go to your agent and ask how it might affect you homeowners' policy," she said. "You may also want to shop around to see what other insurers say."

Ms. Wilson did just that. She said she found another company that agreed to provide coverage after asking two questions about her pet - does the dog bite and is the animal trained for guard or attack purposes?

"I answered no to both questions," she said. "They said 'no problem.' "

Robert Cunningham, public-relations manager for Nationwide Insurance in Columbus, Ohio, confirmed the carrier declines policies for homeowners with chow chows, rottweilers, Doberman pinschers, pit bulls or wolf hybrids.

"We consider this our vicious-dog list," he said. "That is our list inclusive. If a person has one of those dogs, we won't renew the policy or write a new one."

He called the breed-specific rule a business decision made in the best interests of the company and its customers.

"We understand people buy these animals for protection and as pets," he said. "Unfortunately, physical harm done with animals along these lines is greater than with other breeds."

Mr. Cunningham said Nationwide is not alone in the industry with breed-specific regulations.

"The important thing is for customers to communicate on a regular basis with their agents," he said. "Make sure your property is properly insured and communicate changes. Insurance education is very, very important."

Blackie Nygood, American Kennel Club delegate for the Mispillion Kennel Club in Milford, called breed-specific policies dead wrong.

"I think it's very unfair," she said. "There are nasty dogs in all breeds, and there are nice dogs. Some of these breeds have just gotten a bad rap. I would rather they try to single out the bad owners. You cannot single out a breed. That is ridiculous."

Noreen Baxter, vice president in charge of public-education and legislation for the American Kennel Club, said her organization has been fighting breed sanctions and is working to get legislation passed in several states to prohibit discrimination against owners based on the breed they own.

"We are strongly opposed to breed-specific policies," she said. "We do support dangerous dog control and laws, but not evaluation by breed. We say, 'evaluate the deed, not the breed.' "

Murrey E. Goldthwaite, director of shelter services for the Kent County Society for the Prevention of Cruelty to Animals, said his facility is considering advising customers ahead of time that they may have insurance problems if they adopt certain breeds.

"We had one individual recently that adopted a rottweiler,'' he said. "He had to bring it back because of insurance problems. We believe there are good dogs and bad dogs. Just because you may have one of these breeds doesn't mean it's a bad dog."

John E. Caldwell, director of the Delaware SPCA, which has facilities in Georgetown and New Castle County, said he doesn't think people should be notified in advance of a potential insurance glitch.

"I really don't see that as beneficial to the public," he said. "More or less you would be telling people that they are considering adopting an undesirable breed of dog. I don't think that's fair to people or dogs."

Ms. Gebhart said she thinks the insurance industry is crossing the wrong line.

"It seems to me the insurance companies are getting away with murder," she said. "They're getting into too many aspects of our lives."

Tom Eldred can be reached at 741-8212 or teldred@newszap.com.

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