When Homeowners Insurance Doesn’t Cover a Dog Bite: A Wake-Up Call for Massachusetts Homeowners
A recent Massachusetts Superior Court ruling highlights an important — and often surprising — limitation in many homeowners insurance policies. In Electric Insurance Company v. Marini, the court found that a homeowners policy did not cover a dog bite claim because the dog’s owner was not considered a member of the insured household under the policy’s terms. Massachusetts Lawyers Weekly
The Facts at a Glance
In that case:
A couple, Albert and Patricia Marini, purchased a Marshfield home and insured it under their names.
Their adult son and daughter-in-law lived in the home and paid the mortgage and insurance premiums.
The daughter-in-law’s dog allegedly bit a relative visiting the home.
When the relative made a claim under the homeowners policy, the insurer refused coverage, arguing the dog owner wasn’t a “resident” of the named insureds’ household.
The court agreed and granted the insurer summary judgment.
What This Ruling Means in Plain Terms
This decision may seem counterintuitive at first. After all, the injured person was bitten in the insured home — and the people living there were paying the insurance premiums. But the ruling underscores a core principle in insurance law: coverage depends strictly on the policy’s language and definitions. Simply living in a house and paying for the insurance doesn’t automatically make you an “insured” under someone else’s policy.
Why Coverage Depends on “Household” Definitions
Homeowners insurance policies typically define who is an “insured” very specifically. These definitions often hinge on whether someone is a member of the named insureds’ “household.” Courts will interpret those terms based on ordinary meaning and policy language — not on who paid premiums or lived in the home most of the time.
In Marini, the judge relied on dictionary definitions of “household” to conclude the daughter-in-law wasn’t part of the named insureds’ household. That meant the policy didn’t cover her dog’s bite, and the insurer had no obligation to defend or indemnify under the policy.
The Broader Impact for Homeowners and Dog Owners
This ruling is a timely reminder that homeowners insurance isn’t always as comprehensive as many people assume — especially when household composition doesn’t match policy names. In Massachusetts, dog owners already face strict liability under state law: if a dog bites someone (with limited exceptions), the owner can be held responsible regardless of fault. Brandon J Broderick
But liability exposure is only half the story. Whether insurance will actually cover a dog bite claim depends on:
How the policy defines “insureds” and “household members”
Who is listed on the policy
Who lives in the home and how those living arrangements are documented
If there’s a gap between the people living in a home and the names on the policy, an injured person could find themselves without insurance coverage — and the dog owner could be personally on the hook for damages.
What Homeowners Should Do
Review your homeowners insurance policy carefully. Make sure:
Anyone who regularly lives in the home is included properly under the policy.
You understand how your insurer defines “household” and “insured.”
You disclose all occupants and pets to your insurer to avoid potential coverage disputes.
Talk to your attorney or insurance agent about whether your current coverage adequately protects you — especially if you have pets or unconventional living arrangements.
Disclaimer:
This article is provided for general informational purposes only and is not intended as legal advice. Reading this article does not create an attorney-client relationship. Laws, insurance policies, and legal interpretations can vary based on specific facts and circumstances. If you have questions about homeowners insurance coverage, dog bite liability, or your legal rights, you should consult a qualified attorney or insurance professional.
