DogBoston’s Dog Blog

Some insurance companies refuse to grant homeowners insurance coverage to families who own certain breeds of dogs, even if the dog is well trained and has never demonstrated aggression. Other families who have had coverage for years with a given company may suddenly be dropped, even if a claim has never been made simply because the company decides not to cover an arbitrary list of breeds

I support reasonable legislation that protects responsible dog owners while allowing insurance companies to raise rates or refuse coverage only if a specific dog has been deemed dangerous based on non-discriminatory dangerous dog laws or by actual individual incidents of dog attack and bites.

I strongly urge you to reintroduce legislation to address the unreasonable underwriting practices of some insurance companies.

GENERAL

There has been a lot of attention in the last few years regarding various insurance companies penalizing homeowners that have dogs. Some companies will not insure any home that has certain breeds of dogs on a list they have, while others will add a hefty insurance surcharge on homes that have dogs on the list.

There is no doubt that there are many instances of terrible problems with dog attacks resulting in various injuries from minor, through severe injuries and even fatalities. No rational person, dog owner or not, wants this to happen. All dog owners bear a special responsibility to prevent this from occurring.

However, the blanket blacklisting of specific breeds of dogs is not the way to address this issue. To start with, regardless of what breed we are talking about, the blind use of a blacklist ignores the vast majority of dog owners who are responsible owners and train, control and monitor their dogs properly! The simplistic blacklisting of certain breeds does nothing constructive, or useful, to actually reduce the problem.

DOG OWNERSHIP

To start, I believe that training and responsible dog ownership is a critical portion of the answer. Dogs should not be allowed to run free, off leash, unresponsive to voice command, outside a restricted fenced in area or any other manner of allowing the dog to be uncontrollable. Your dog must be totally under your complete control at all times.

There are dog owners who feel that a dog must be allowed to run free, not to allow the dog to be free is cruel to the dog. Under controlled conditions a dog can “run free” as long as there is no probability that the dog may get out of your control.

Allowing a dog to be totally free, allows that dog to experience: the joys of being hit by a car; of getting into garbage and eating something bad for them including toxic material; of being shot; of getting involved with a bigger, stronger more aggressive dog also out of control who attacks your dog; to be attacked by wild animals; to attack someone’s pet such as smaller dog, cat, rabbits, chickens; to attack a child or adult; to expose you to incredible legal actions and financial expense; to cause you great personal grief over what your dog did; to be grabbed by someone who will take your dog for their own use; to be picked up by a dog officer and impounded until put down or many more unpleasant things!

This is a long nasty list, which can even be expanded on, but it is based on reality and actual occurrences. Or you can keep your dog safe, secure, happy, well fed, well loved and under complete control, not loose and avoid all that possible pain and grief! If your dog is trained, controlled, monitored and perhaps neutered those many problems are unlikely to be experienced. For the most part, owners are responsible. Those who are not, cause the problems for everyone!

“THE LIST”

Some insurance companies have a “list” of dangerous dogs. In this list, the companies list dangerous dogs by breed, not by incidents showing individual dogs to be a problem often a result of poor or inadequate ownership. This is “group profiling” and is a lazy way for the companies to address the problem of dog bites / attacks for which they must pay damages. The use of breed lists is too simplistic and does not address the causes of the attacks / bites.

It is hard, to impossible, to determine exactly what breeds are on “the list.” When I asked insurance companies for the list they were unable or unwilling to furnish it. It seems that the list varies from company to company as well as state to state.

However, from lists found on the internet, it appears that the following breeds are, or may be on it, either completely or partially. This list is alphabetical, not in order of how “dangerous” the companies consider them to be.

Akita American Pit Bull Terrier American Staffordshire Terrier

Bull Mastiff Bull Terrier Chow Chow

Collie Dalmatian Doberman Pinscher

English Bulldog German Shepard Great Dane

Greyhound “Guard Dogs” Irish Setter

Keeshound Kuvaz Malamute

Rottweiler Siberian Husky Staffordshire Bull Terrier

Wolfhound

DOG ATTACKS & BITES

Why do dogs attack and bite? Something or someone scares them. They are trained by bad owners to be aggressive and attack. They have been mistreated, abused by owners or others. They have been starved. They have not been trained and controlled. Sometimes it is an instance when someone, adult or likely a child, will take food from a dog. The owner may have failed to socialize their dog. The dog may have been scared and felt cornered and threatened by a child or adult.

While dog owners bear the major burden in preventing dog bite / attack incidents, ordinary adults and parents also have some responsibility. Many times I have seen parents say to a child, go pet the dog. Parents often do not caution their children against sudden moves onto a dog, which is often seen as a threat. Parents often do not appropriately teach their children about proper behavior around a family pet. Many adults are also frequently in this position. The approach to a strange dog by adults and children is frequently abrupt, overwhelming and sudden. All of which may be perceived as a threat. Too often the person or child does not ask if it is OK to pet the dog, or is your dog friendly and may I pet him?

That does not mean that this absolves the dog owner, but is certainly a factor in incidents. Dog owners must be vigilant in preventing adults and children from approaching their dog without asking permission and establishing rules of behavior for the person who wants to pet your dog. For example, if you feel the dog will be OK, take a firm hold of his collar so that if need be you can pull him back or keep him from lunging. Tell the person approaching to do so slowly, hold their hand out for “inspection” and do not put the first approach from above the dog’s head. Do not stare into the dog’s face or put their face right up to the dog’s face.

Did you notice something about the last section? All of those causes can be associated with all breeds, including mixed breeds. They are not breed specific. They are people specific

OPINIONS REGARDING THE VALUE OF “THE LIST” FROM COMPETANT, KNOWLEDGEABLE ORGANIZATIONS

What does the AKC, the most knowledgeable dog organization in the US; say about using breed specific lists to determine the possibility of a dog to attack someone?

AKC
* “Insurance Companies’ Policies on Dogs”

“Despite the fact that animal welfare and behavior experts all agree that there’s no such thing as a bad breed, many insurers are adopting blacklists of dogs they refuse to cover.

The American Kennel Club believes that insurance companies should determine coverage of a dog-owning household based on the dog’s deeds, not the dog’s breed. If a dog is a well-behaved member of the household and the community, there is no reason to deny or cancel coverage. In fact, insurance companies should consider a dog an asset, a natural alarm system whose bark may deter intruders and prevent potential theft.”
* (AKC web site, legislature / insurance)

* “The American Kennel Club believes that insurance companies should determine coverage of a dog-owning household based on the dog’s deeds, not the dog’s breed. If a dog is a well-behaved member of the household and the community, there is no reason to deny or cancel coverage. In fact, insurance companies should consider a dog an asset, a natural alarm system whose bark may deter intruders and prevent potential theft.”
* (letter to Massachusetts Joint Committee on Insurance Dec 1, 2003 & Joint Committee on Financial Services 2005)

CDC (US Center for Disease Control)

The CDC does not believe that the problem of dog bites / attacks can be resolved or reduced by using breed specific laws or policies. (see below: CDC DATA)

DISCUSSION

Any dog, regardless of it’s breed purity, or lack of, regardless of which breed it is can have a bad reaction, be of bad temper or be untrustworthy in situations. The owner must be aware of such problems and take care that their dog is not in a position to cause harm to anyone. To fail in this obligation is a failure of the owners responsibility to the people involved, him self, his dog and all other responsible dog owners.

All the above having been said, there are breed characteristics involved for all dogs, both good and bad. Owners must be aware of what those characteristics are for their breed, both the good ones and the bad ones. The owner must handle their dog with those in mind at all times. When you have a pure bred the owner has at least a general idea how their dog will act in various situations such as interaction with adults and children, both strangers and family members. When you have a mixed breed, the behavior may be more unpredictable, because that mixed breed dog will have the breed characteristics of all the breeds involved, which may be only two or several. It becomes more difficult to predict which characteristics, good or bad, will be more dominant for whatever breed is in the mix.

CHARACTERISTICS OF A SPECIFIC BREED, FOUND ON SOME INSURANCE COMPANY LISTS, (SIBERIAN HUSKY) REGARDING BREED BASED POTENTIAL FOR ATTACK PROBLEMS

If insurance companies are using a breed specific list to deny homeowners insurance, it is important to understand what the breed characteristics are for a particular breed.

So, what are the characteristics of the dog I am specifically interested in, the Siberian Husky? Are Siberians really dangerous dogs prone to sudden unwarranted attack so much so that owners should be legitimately penalized by insurance companies through loss of, or denial of, homeowners insurance? Or is it more likely that the insurance companies do not have any knowledge of the temperament and demeanor of Siberians.

The Complete Siberian Husky, Demidoff and Jennings, Howell Book House

“First of all, the Siberian Husky has none of the protective instincts or even the inclination to bark found in good watch dogs. He is utterly democratic in his affection and will normally great the burglar as happily as he would his family.”

Siberian Huskies A Complete Pet Owner’s Manual, Barron’s Educational Series

“The characteristic temperament of the Siberian Husky is friendly and gentle, but also alert and outgoing. He does not display the possessive qualities of the guard dog, nor is hr overly suspicious of strangers or aggressive with other dogs. Some measure of reserve and dignity may be expected in the mature dog. His intelligence, tractability, and eager disposition make him an agreeable companion and willing worker”

There is no more loving and beguiling dog than a Siberian. It has great zest for life, boundless love in its heart, and a mischievous spirit. It is beautiful, with friendly, mischievous eyes. A Husky is trustworthy around young children and delights in their company.

Don’t count on the Siberian to be an ardent watchdog. It likes people, even strangers, too much to take offense at intruders.

The Siberian Husky Club of America, the national breed organization, which sets the standards and oversees the breeding of purebred Siberians describes the Siberian thusly:

The Siberian Husky is, and has for centuries been, a purebred DOG — not a wild, half-wolf, crossbred creature, as the uninformed may suggest. The breed was originally developed by the Chukchi people of northeastern Asia as an endurance sled dog. In 1909, the first large numbers of these Chukchi dogs were brought to Alaska to compete in the long-distance All-Alaska Sweepstakes races, and the Alaskan dog drivers quickly recognized the ability of these huskies from Siberia.

The Siberian Husky has a delightful temperament, affectionate but not fawning. This gentle and friendly disposition may be a heritage from the past, since the Chukchi people held their dogs in great esteem, housed them in the family shelters, and encouraged their children to play with them. Today, it is charming to observe the special appeal that Siberian Huskies and children have for each other. The Siberian Husky is alert, eager to please, and adaptable. His intelligence has been proven, but his independent spirit may at times challenge your ingenuity. His versatility makes him an agreeable companion to people of all ages and varying interests.

While capable of showing strong affection for his family, the Siberian Husky is not usually a one-man dog. He exhibits no fear or suspicion of strangers, and will greet guests cordially. This is not the temperament of a watchdog, although a Siberian Husky
may unwittingly act as a deterrent to those ignorant of his true hospitable nature. If he lacks a fierce possessive instinct, he also lacks the aggressive quality which can sometimes cause trouble for the owner of an ill-trained or highly sensitive guard dog. In
his relations with strange dogs, the Siberian Husky displays friendly interest and gentlemanly decorum.

WHO USES “THE LIST”?

The list is used by a number of insurance companies across the country for the purpose of penalizing homeowners who have dogs. Nationally the statistics indicate a large, growing problem with dog bites for which homeowners insurance has had to pay increasing dollar amounts. In an attempt to limit their exposure / liability regarding this problem insurance companies use a “list” of dangerous dogs.

This list is used to refuse homeowners insurance if you have a dog on the list, increase your premiums, or decline to renew existing policies. The list varies from company to company and from state to state. In some states legislation has been proposed forbidding insurance companies from this practice.

I contacted some of the large insurance companies shown on the AKC list as ones that use “the list”. So far, I have been unable to find out where the list comes from, what the documentation for a dog or incident is for being included or any other information. Staff I spoke to at one of the insurance companies deny knowledge of it and were unable, or unwilling, to refer me to a department that can answer my questions.

During some of my phone conversations it was said that the list, and the dogs on it, vary according to what state you live in. One person said the list came from the AKC “Complete Dog Book” and that the “blacklisting” was according to the state you lived in. Another insurance company said I would have to speak to agents in each state. When I called an agent, they were unable to give me any information.

Another company admits they used such a list, but refused to say which dogs were actually on it and would not even disclose the list to anyone applying for homeowners insurance. They would ask the homeowners if they had a dog, and would then tell the homeowner that their dog is on the list and they would not insure them.

How does a consumer know which company to apply to if no one will be open and honest as to which dogs are on the list? How does a consumer know that they are not being unfairly discriminated against on the basis of the dog they have when they have no idea if the dog the company tells them is on the dangerous list actually truthfully is? The consumer would have to trust the insurance company. That is like saying we will give you insurance but what the cost is, what the provisions are and what is not covered is a secret until after you pay the fee and sign up. And the consumer would have no way to determine if they were lied to, and no way to know if they wanted to even apply at that company. This is hardly proper consumer protection!

When I contacted the office of the State Representative that has proposed legislation prohibiting the insurance companies from this dog banning they also were unable to give me any information as to what the list is, and where it came from and what accuracy any such list had.

During my search for the source of “the list” I noted a reference to a list from the CDC (United States Center for Disease Control) regarding dog bites and dog bite fatalities. Perhaps that list is the source the insurance companies were using.

CDC DATA

I accessed the CDC site and found two places discussing the problem of dog attacks.

The CDC addressed two dog attack situations. Dog Bite Related Fatalities United States.

This study looked at fatal dog attacks from 1979 through 1996. During that 18-year time period they had information regarding 164 dog bite related fatalities involving pure bred dogs.

“Pit Bull” 60 Rottweiler 29 German Shepard 19
“Husky” 14 Alaskan Mal 12 Doberman 8
Chow Chow 8 Great Dane 6 St Bernard 4
Akita 4

There were 249 dog bite related fatalities for crossbreed dogs, 199 of which are of unknown breeding.

Wolf Hybrid 14 German Shepard 11 “Husky” 6
Alaskan Mal 3 Rottweiler 3 Chow Chow 3
“Pit Bull” 10 Unknown 199

Both Husky and Pit Bull was listed with quotation marks. I have been unable to get CDC to respond for requests for information about the source of the information listed. Specifically I wanted to know the significance of the use of quotation marks, I suspect that it is because the information regarding the pure bred status in both cases is very questionable and is likely not to be accurate regarding pure bred dogs being involved.

The CDC report goes on to say:

“Three categories of strategies can be considered for preventing dog bites:

1. Owner and public education. Dog owners, through proper selection, socialization, training, care, and treatment of a dog, can reduce the likelihood of owning a dog that will eventually bite. Male and unsprayed / unaltered dogs are more likely to bite than are female and spayed/neutered dogs. Educational and prevention efforts should be directed at parents and children. Veterinarians and pediatricians should address strategies for bite prevention, including the need for appropriate supervision of children. Other strategies include dissemination of information on preventing bites, school-based educational programs on bite prevention and canine behavior, and educational programs regarding responsible dog selection, ownership, and training.

2. Animal control at the community level. Animal-control programs should be supported, and laws for regulating dangerous or vicious dogs should be promulgated and enforced vigorously. For example, in this report, 30% of DBRFs resulted from groups of owned dogs that were free roaming off the owner’s property. Some of these deaths might have been prevented through more stringent animal-control laws and enforcement. Although some breeds were disproportionately represented in the fatal attacks described in this report, the representation of breeds changes over time. As a result, targeting a specific breed may be unproductive; a more effective approach may be to target chronically irresponsible dog owners.

3. Bite reporting. Evaluation of prevention efforts requires improved surveillance for dog bites. Dog bites should be reported as required by local or state ordinances, and reports of such incidents should include information about the circumstances of the bite; ownership, breed, sex, age, spay/neuter status, and history of prior aggression of the animal; and the nature of restraint before the bite incident.

Dogs provide many health and social benefits. Most of the approximately 55 million dogs in the United States never bite or kill humans. However, the findings in this report indicate that DBRFs continue to occur and that most are preventable.”

CDC also had a section regarding: NON FATAL DOG BITE RELATED INJURIES TREATED IN HOSPITAL EMERGENCY DEPARTMENTS UNITED STATES 2001

“To reduce the number of dog bite–related injuries, adults and children should be educated about bite prevention, and persons with canine pets should practice responsible pet ownership.

Editorial Note: (CDC)

In 2001, an estimated 68 million canines were kept as pets in the United States. This report is the first that uses data from an ongoing surveillance system to provide national estimates of the number of dog bite–related injuries treated in EDs. In 2001, an estimated 368,245 persons were treated for dog bites in EDs; this finding is consistent with a previous estimate of 334,000 persons treated annually for dog bites in EDs during 1992–1994. Of the estimated 368,245 persons treated for dog bites in EDs, an estimated 154,625 (42%) were aged <14 years. Higher rates of dog bites for children aged <14 years also are consistent with previous reports (1,7). Narrative comments from medical records describing dog bite events underscore the importance of prevention messages.

Because children have higher rates of dog bites, prevention programs often are targeted to this group. Although boys aged <14 years have higher rates than girls the same age, all children need to be taught how to respond to dogs. A randomized controlled trial of a school-based intervention in Australia that taught children how to behave around and interact with dogs documented a substantial decrease in children's approach to and interaction with a strange dog. CDC is funding an evaluation of a similar school-based education program in Georgia aimed at increasing children's understanding of how to
behave around and interact with dogs.

In addition to educating children properly, prevention efforts should encourage responsible dog ownership, including training, socializing, and neutering family pets.

Additional strategies to encourage responsible pet ownership and reduce dog bites include regulatory measures (e.g., licensing, neutering, and registration programs and programs to control unrestrained animals) and legislation. “Dangerous” dog laws
focus on dogs of any breed that have exhibited harmful behavior (e.g., unprovoked attacks on persons or animals) and place primary responsibility for a dog’s behavior on the owner. Because a dog’s tendency to bite depends on other factors in addition to genetics (e.g., medical and behavioral health, early experience, socialization and training, and victim behavior), such laws might be more effective than breed-specific legislation.

Prevention programs should educate both children and adults about bite prevention and responsible pet ownership.“

CDC list of measures for preventing dog bites. (note they are dog general, not breed specific

Rather than breed specific laws and policies, the CDC suggests the following measures as a more effective means of reducing dog bites / attacks.

Measures for Preventing Dog Bites:

* Realistically evaluate environment and lifestyle and consult with a professional (e.g., veterinarian, animal behaviorist, or responsible breeder) to determine suitable breeds of dogs for consideration.
* Dogs with histories of aggression are inappropriate in households with
children.
* Be sensitive to cues that a child is fearful or apprehensive about a dog
and, if so, delay acquiring a dog.
* Spend time with a dog before buying or adopting it. Use caution when
bringing a dog or puppy into the home of an infant or toddler.
* Spay/neuter virtually all dogs (this frequently reduces aggressive
tendencies).
* Never leave infants or young children alone with any dog.
* Properly socialize and train any dog entering the household. Teach the
dog submissive behaviors (e.g., rolling over to expose abdomen and relinquishing food without growling).
* Immediately seek professional advice (e.g., from veterinarians, animal
behaviorists, or responsible breeders) if the dog develops aggressive or undesirable behaviors.
* Do not play aggressive games with your dog (e.g., wrestling).
* Teach children basic safety around dogs and review regularly.
* Never approach an unfamiliar dog.
* Never run from a dog and scream.
* Remain motionless when approached by an unfamiliar dog (e.g., “be
still like a tree”).
* If knocked over by a dog, roll into a ball and lie still (e.g.,
“be still like a log”).
* Never play with a dog unless supervised by an adult.
* Immediately report stray dogs or dogs displaying unusual behavior
to an adult.
* Avoid direct eye contact with a dog.
* Do not disturb a dog who is sleeping, eating, or caring for puppies.
* Do not pet a dog without allowing it to see and sniff you first.
* If bitten, immediately report the bite to an adult.

CONCLUSION

There is a very large, and growing, number of dog attacks in the US. It is very important for everyone to work toward reducing this unfortunate situation. By everyone I certainly mean dog owners primarily, legislatures to enact useful and meaningful laws, enforcement authorities to use those laws in a sensible manner and the establishment of a means to accurately track dog bites / attacks all over the country.

The reporting should be by state and reported to a national agency, perhaps CDC. Currently the data CDC has is very spotty and inaccurate. There is not enough of quality information currently available to accurately understand all the parameters of the problem

However, even with the information available now, responsible knowledgeable organizations agree that breed specific laws are not the answer. CDC, AKC, etc are all against breed specific laws. They are strongly in favor of responsible owners, parents and others.

This lack of information does not allow an incident to be properly evaluated. Was the incident the result of a dog being tormented, cornered in a situation to be frightened? Did someone aggressively approach the dog? Was the dog ill? Did someone take food away while the dog was eating? Did the owner train the dog as an attack or guard dog? What in each situation was there that would allow the conclusion to be made that it was a breed specific situation rather than a “dog” situation, which would have resulted in a problem with any breed?

Do not misunderstand what the insurance companies are doing! They are making their own “laws” in this regard. These “laws” are not reflective of reality or the will of the people. These laws are made in secret and the companies will not even tell anyone inquiring if they use a blacklist, what dogs are on it or more importantly where the information that causes a breed to be listed comes from. There is no information available regarding the incidents: were they general dog behavior not breed specific, was the person attacked or bitten through their poor actions or behavior?

The more useful approach is the education of all to have dog owner’s train, monitor, control, neuter, their dogs. For parents to educate the appropriate ways to deal with dogs. For adults to understand the appropriate way to deal with dogs. Insurance companies should work towards this goal, rather than make their own “laws” in secret.

At the same time, laws must be intelligently written to make owners behave and deal with their dogs in a responsible manner.

The use of breed specific laws regarding dog attacks is not an effective means of addressing the problem of dog bites / attacks.

There is a significant lack of information regarding dog bites and attacks. Legislation needs to not only prohibit breed discrimination in issuing homeowners insurance, but must require that all dog bites / attacks that result in medical treatment must be reported to the state in detail, similar to doctors reporting gunshot wounds. If the report were not made, then I would not object to the insurance companies being allowed to not cover the incident costs.

Insurance companies would have access to the reports, and also to any data where a dog becomes considered a “dangerous dog” under state law as a result of incidents and thereby refuse insurance or other such action. At least that would be based on actual incidents, not unsubstantiated, inaccurate information or misguided ideas about dogs.

RECCOMENDATION

That legislation be proposed and enacted such as:

No insurance company offering homeowners insurance coverage in Massachusetts issuing a policy or contract insuring against liability for injury to any person, or injury to or destruction of property arising out of ownership or lease of residential property shall refuse to issue or renew, cancel or charge or impose an increased premium or rate of such a policy or contract based in whole or in part, upon the harboring of any specific breed or breeds of dogs upon such real property.

However, if any such dog has been designated as a dangerous dog pursuant to current statutes, the provisions in this section shall in no manner prohibit an insurer from refusing to issue or renew or from canceling any such contract or policy, nor from imposing an increased premium or rate for such a policy or contract.

Because there is little or no detailed information available regarding the attacks, it is important to compile it so as to be able to make rational decisions in this regard. This would be similar to doctors reporting gun shot wounds.

All dog bites / attacks that result in medical attention must be reported to: the Massachusetts Department of Public Health (MDPH) within ??? days of the incident, using a standardized format.

The report shall include, but not be limited to, the following information:
· Time, date and location of incident
· Name., address, phone number of the dog’s owner(s) and the same for the victim(s) of the attack
· The breed of the dog: Actual breed, mixed breed including two breeds, beyond two breeds the breed should be listed as unknown mixed breed.
· A narrative description of the circumstances of the attack
· Other?

The MDPH shall compile statistics regarding the nature of each dog incident, which shall be made available to all insurers and the general public upon request.

Failure to report such dog bite / attack within the required time shall release the insurer from the liability of paying for damages incurred.