Other party is claiming an outragious amount in damages.

[quincy]

Ok, Poultry would definitely include the chickens, but I am not sure that it would include the ducks. However, that is a broad definition of a domestic animal that is clearly intended to include farm animals. You have made the argument that says that a black lab would be classified as a dangerous animal because the black lab killed some chickens and ducks. I would be hesitant to go that far without having more certainty.

You don’t have to go anywhere. If the neighbor reported the death of his chickens and ducks to the town/city, the dog’s fate will be decided after an investigation. The insurance company might have its own opinion on the dog after it reviews the claim.

 

[Zigner]

It's also worth noting that 346.36 defines pet as follows:

Subd. 6.Pet or companion animal.

"Pet" or "companion animal" means a nonhuman mammal, bird, or reptile impounded or held for breeding, or possessed by, cared for, or controlled by a person for the present or future enjoyment of that person or another.

 

[quincy]

It's also worth noting that 346.36 defines pet as follows:

Subd. 6.Pet or companion animal.

"Pet" or "companion animal" means a nonhuman mammal, bird, or reptile impounded or held for breeding, or possessed by, cared for, or controlled by a person for the present or future enjoyment of that person or another.

I think that Hunterman may need to rehome his black lab if he wants to keep it alive. It is too bad that the dog got loose.

 

[Hunterman]

Why don't you offer to buy the animals for him?

He's already replaced the birds with hatchlings that did not cost him anything. Someone he knew felt bad about what had happened and gave him replacements for free.

 

[quincy]

He's already replaced the birds with hatchlings that did not cost him anything. Someone he knew felt bad about what had happened and gave him replacements for free.

That was nice of the person.

If you have the chance later, let us know what happens with your insurer and any legal action your neighbor decides to pursue against you.

Good luck, to both you and your dog.

 

[Hunterman]

I want to give an update on the situation. The insurance company investigated the situation and paid the neighbor $175. The insurance company called to tell me that the neighbor had called them very upset and they were letting me know that he told them that he was going to sue me.
However, there's been more that's happened. My dog has had the opportunity to attack other birds, mostly pheasants, in my yard and the dog will chase them but she never catches them even when she can. She swerves away at the last second. The neighbor confided to a common friend that the bird enclosure had been left open accidently all night when his birds had been killed and we live in an area with lots of coyotes, dogs and other animals, even wolves. Come to find out my neighbor didn't actually see my dog kill their birds, he saw the dog in the bird enclosure with the dead birds and he just assumed the dog killed the birds. There's no doubt my dog was in the enclosure, but there's a very real possibility the birds were dead before my dog arrived. Another neighbor has had birds killed, too, and it certainly wasn't my dog that did that.
At this point I am waiting to see if I get sued.

 

[adjusterjack]

Although filing a claim with your insurer could have been smart, you might find that your dog’s damage to your neighbor’s property (i.e., the killing of the chickens, ducks) isn’t covered by your homeowners insurance -

There would have to be a written exclusion in the policy. The HO form doesn't have one so it would have to be a separate exclusion form that would stand out prominently among the papers.

and your insurance premium might be increased because of your dog.

Or, it might be non-renewed.

It's a black lab.

Unlike pit bulls and rotweilers, labs are not on the insurance industry's s--t list.

Wouldn't have to be "listed." Not in the sense like listing a driver on a car policy. It's an underwriting question that sometimes appears on a homeowners application and sometimes doesn't.

The insurance company might have its own opinion on the dog after it reviews the claim.

Correct.

I want to give an update on the situation. The insurance company investigated the situation and paid the neighbor $175.

Call up your liability claim rep and find out if he got a signed release.

he told them that he was going to sue me.

If your insurance company got a release, a lawsuit would fail.

If you do get served a summons and complaint, immediately turn it over to your insurance company and don't talk to the neighbor.

The neighbor confided to a common friend that the bird enclosure had been left open accidently all night when his birds had been killed and we live in an area with lots of coyotes, dogs and other animals, even wolves. Come to find out my neighbor didn't actually see my dog kill their birds, he saw the dog in the bird enclosure with the dead birds and he just assumed the dog killed the birds. There's no doubt my dog was in the enclosure, but there's a very real possibility the birds were dead before my dog arrived. Another neighbor has had birds killed, too, and it certainly wasn't my dog that did that.

All that information is likely worthless unless those people have direct knowledge and are willing to testify in court.

 

[quincy]

I want to give an update on the situation. The insurance company investigated the situation and paid the neighbor $175. The insurance company called to tell me that the neighbor had called them very upset and they were letting me know that he told them that he was going to sue me.
However, there's been more that's happened. My dog has had the opportunity to attack other birds, mostly pheasants, in my yard and the dog will chase them but she never catches them even when she can. She swerves away at the last second. The neighbor confided to a common friend that the bird enclosure had been left open accidently all night when his birds had been killed and we live in an area with lots of coyotes, dogs and other animals, even wolves. Come to find out my neighbor didn't actually see my dog kill their birds, he saw the dog in the bird enclosure with the dead birds and he just assumed the dog killed the birds. There's no doubt my dog was in the enclosure, but there's a very real possibility the birds were dead before my dog arrived. Another neighbor has had birds killed, too, and it certainly wasn't my dog that did that.
At this point I am waiting to see if I get sued.

Thank you for the update, Hunterman.

If your insurance company investigated the claim and paid your neighbor, it seems reasonable to assume that the insurance company had the neighbor sign a release.

You can hold onto all of the additional information you have gathered in case you are sued but a lawsuit seems unlikely. The information could be useful if there is action taken against your dog. Be very careful to maintain control of your dog at all times. A single incident might excused. A second one probably won’t be.