November 1, 2001 |
2001-R-0846 | |
HARTFORD GROUP-AARP HOMEOWNERS' INSURANCE PROGRAM | ||
By: Jerome Harleston, Senior Attorney | ||
You want to know whether the Hartford Group-AARP Homeowners' Insurance program offers a non-cancellation guarantee. You state that the Hartford cancelled a constituent's policy because state law imposes liability on owners of a dog that bites someone.
The Hartford Group-AARP Homeowners' Insurance program does not have a total non-cancellation guarantee. It has an endorsement entitled “Lifetime Continuation Agreement” which says coverage will continue provided the homeowner does not knowingly increase the hazard of the risk without written permission from the company. This endorsement was probably the basis for the cancellation. If the Hartford was not informed about the dog's presence, this probably was a violation of the endorsement, especially if the dog was known to bite. It is more likely that the Hartford had notice about the dog's presence and after the dog bite incident informed the owner to get rid of the dog, now known to bite, or lose coverage. Insurers must give policyholders 30 days notice of cancellation accompanied by the reason for cancellation (CGS § 38a-307). In the event the insurer refuses to renew the policy, it must give at least 60 days advance notice accompanied by the reason for the nonrenwal (CGS § 38a-323(a)).
Connecticut law imposes strict liability on owners and keepers of dogs that cause bodily injury or property damage to another person unless the bodily injury or property damage was the result of trespassing, committing another tort, teasing, tormenting, or abusing the dog (CGS § 22-357).
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