Homeowner’s Insurance Denies Dog Bite Claim Over Household Definition

A Massachusetts Superior Court judge ruled that a homeowner's insurance policy did not cover a dog bite claim because the injured party was bitten by the dog of the daughter-in-law of the named insureds, but the daughter-in-law was not considered a member of the insureds' household. Albert and Patricia Marini purchased a home for their son Michael and his then-wife Carin and took out a mortgage and homeowner's insurance policy in their names, listing themselves as named insureds. Although Michael and Carin lived in the home and paid the mortgage and insurance premiums, Albert and Patricia never resided there. In June 2023, Carin's dog bit her sister Janet Landry during a visit to the home. When Landry filed a claim with Electric Insurance Company, the insurer denied coverage, arguing that Carin was not a "resident" of the insured household under the policy terms. The court agreed, finding the terms "resident" and "household" to be unambiguous and meaning individuals who continuously live with the named insureds. The court's decision relied on dictionary definitions and prior appellate rulings that recognize determining household membership depends on facts such as financial dependence, sharing an address, receiving mail, and intent to be a household member. Here, Carin and Michael paid all housing expenses and maintained financial independence from Albert and Patricia who neither lived at nor had a significant connection to the home. Legal experts note the decision underscores the importance of understanding specific policy language regarding insured status and household definitions, especially since living arrangements vary widely. Some attorneys suggest the ruling might be contested on appeal due to the complex ownership and payment circumstances and reasonable expectations of coverage by those living in the home. The ruling illustrates that homeowner policies impose limits on who qualifies as insured, highlighting that individuals living in a home but not in the named insureds' household might not be covered for liability claims.