If my dog was injured by a neighbor’s dog and its treatment was covered by the neighbor’s insurer, are they also liable for any follow-up treatment?

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If my dog was injured by a neighbor’s dog and its treatment was covered by the neighbor’s insurer, are they also liable for any follow-up treatment?

My dog was attacked by a former neighbor’s dog almost 2 years ago and it was covered by their homeowner’s insurance as my dog then a puppy had to have 2 surgeries and a plate put in his leg. The plate is now starting to poke out as I think he outgrew it. Is the insurance company still liable for this?

Asked on July 6, 2013 under Insurance Law, North Dakota

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If the case was settled with your neighbor's insurance carrier which means you received compensation for your dog's injuries and signed a release of liability, you won't be able to obtain additional compensation from the insurance company.

If the case was NOT settled with your neighbor's insurance carrier (you did not sign a release of liability), then you may be able to have the neighbor's insurance carrier pay for additional treatment provided that the statute of limitations has not expired.  If the statute of limitations has expired, the insurance company is no longer liable and won't pay on the claim.

 


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