California Personal Injury Lawyers - Bakersfield Personal Injury Attorneys - Chain, Younger, Cohn & Stiles

OCT 2003


Dog Owners Beware of Vicious Homeowner Rates
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Dog Owners Beware of
Vicious Homeowner Rates


Man's best friend may be your homeowner's insurance policy's worst enemy. Some insurance companies are refusing to write or renew policies for homeowners who own certain breeds of dog. Dog owners are calling it a case of canine profiling.

Dog lovers say the uninsurable breed system is not fair or scientific since any dog can be aggressive and may bite. Insurance companies say they are only trying to reduce costs and eliminate coverage for breeds known to have a high bite rate. Several high-profile dog mauling cases, such as the fatal attack on a San Francisco woman by two Persa Canarios in 2001, have increased safety - and insurance - concerns. Bakersfield has felt the pain too when an 18-month old was attacked by his own family's Pit Bull in September 2003, causing severe head wounds and hours of surgery. The young boy was required to be transferred to Children's Hospital Central in Fresno.

While the debate rages on, many major insurance carriers continue to limit coverage to dog owners. Large dogs that can inflict a lot of damage are prime "no-insure" targets. Other considerations that influence a company's willingness to cover a breed include the frequency of dog bites for the breed, the breed's reputation as well as research conducted by the Centers for Disease Control and individual insurance companies.

Will your family pet cost you more in insurance premiums? Here, listed alphabetically, are 11 pooches that regularly make insurance companies' "bad dog" lists. Breed information comes from the American Kennel Club and various breed Web sites.

    1. Akita: The Akita is a powerfully built dog primarily used as a guard dog and police dog.

    2. Alaskan Malamute: Alaskan Malamutes are among the oldest Arctic sled dogs. The Malamute is an incredibly strong breed.

    3. Chow Chow: The ancient Chinese bred these dogs to hunt, herd, pull freight and protect homes, but today the Chow is primarily a companion dog. Owners extol the animal's intelligence, dignity and loyalty.

    4. Doberman Pinscher: Doberman Pinschers are strong, quick-thinking dogs with an ability to respond immediately to danger, making them one of the most reliable of all dogs. While the canine is easy to teach, breed specialists warn that owners who do not have time to properly train a Doberman should consider a different pet.

    5. German Shepherd: This breed is known for its courage, steadfastness and keen senses. The breed generally exhibits a self-confidence and aloofness that does not lend itself to immediate friendship.

    6. Pit Bull: These dogs are loved by their loyal owners but feared by many who know them mainly as fighting animals. The Pit Bull makes the hard-to-insure list in part because of what some owners cite as its history of being selectively bred to create the ultimate canine gladiator.

    7. Presa Canario: This breed is a medium sized, well-built dog with a powerful shape and low deep bark that make it a natural guard dog, but is also a loyal, eager-to-please pet who is quiet and subdued in his own home.

    8. Rottweiler: The Rottweiler is an intelligent, steady friend, but is rather aloof, which contributes to its strong guarding instinct.

    9. Siberian Husky: The Siberian Husky is an outgoing, fun-loving dog with a nature to roam. That means the breed needs an alert owner who stays in control - and who has a fenced yard.

    10. Staffordshire Bull Terrier: The Staffordshire Bull Terrier is a sweet-tempered and affectionate dog, but its tenacity and strength, including powerful jaws that demand heavy duty chew toys, require an experienced owner.

    11. Wolf Hybrid: Critics of this breed, which is not recognized by the American Kennel Club, argue that the animals are unpredictable, dangerous, make poor pets and are impossible to inoculate against rabies. Fans say the breed is a good companion and helps educate the public about wolves. Ownership of these animals is illegal in some areas.

The best defense against rising rates or an outright cancellation of your homeowner's policy is to have your dog properly trained. In addition to a good-dog diploma, you can take a bite out of your insurance costs by neutering or spaying your pet. Securing your pet on your premises also reduces problems.

Take the time to review your homeowner's insurance coverage. If you have questions about your coverage, ask your agent to explain them to you or call Chain-Younger for additional information at 661-323-4000.

David Cohn, Managing Partner



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Protecting Your Home by Recording a Homestead Declaration

Your home may be protected from creditors by law. There are two types of homestead protection. The first type is automatic with regard to the home that you live in. If your home is involuntarily sold to satisfy a judgment, or if it is damaged or destroyed or acquired for public use, it will allow an exemption pursuant to Code of Civil Procedure Section 704.730 as follows:

"§704.730. Amount of Homestead Exemption

    (a) The amount of the homestead exemption is one of the following:

    (1) Fifty thousand dollars ($50,000) unless the judgment debtor or spouse of the judgment debtor who resides in the homestead is a person described in paragraph (2) or (3).
    (2) Seventy-five thousand dollars ($75,000) if the judgment debtor or spouse of the judgment debtor who resides in the homestead is at the time of the attempted sale of the homestead a member of a family unit, and there is at least one member of the family unit who owns no interest in the homestead or whose only interest in the homestead is a community property interest with the judgment debtor.
    (3) One hundred twenty-five thousand dollars ($125,000) if the judgment debtor or spouse of the judgment debtor who resides in the homestead is at the time of the attempted sale of the homestead any one of the following:
      (A) A person 65 years of age or older. (B) A person physically or mentally disabled and as a result of that disability is unable to engage in substantial gainful employment. There is a rebuttable presumption affecting the burden of proof that a person receiving disability insurance benefit payments under Title II or supplemental security income payments under Title XVI of the federal Social Security Act satisfies the requirements of this paragraph as to his or her inability to engage in substantial gainful employment. (C) A person 55 years of age or older with a gross annual income of not more than fifteen thousand dollars ($15,000) or, if the judgment debtor is married, a gross annual income, including the gross annual income of the judgment debtor's spouse, of not more than twenty thousand dollars ($20,000) and the sale is an involuntary sale.

      (b) Notwithstanding any other provision of this section, the combined homestead exemptions of spouses on the same judgment shall not exceed the amount specified in paragraph (2) or (3), whichever is applicable, of subdivision (a), regardless of whether the spouses are jointly obligated on the judgment and regardless of whether the homestead consists of community or separate property or both. Notwithstanding any other provision of this article, if both spouses are entitled to a homestead exemption, the exemption of proceeds of the homestead shall be apportioned between the spouses on the basis of their proportionate interests in the homestead."

To get greater protection, and to discourage creditors from forcing a sale of the home in the first place, some owners file a Declaration of Homestead. By recording a Declaration of Homestead, an owner is also protected when the residence is voluntarily sold. Either way, the proceeds up to the statutory limit are exempt for six months and continue to be exempt if reinvested in a new home.

If your house is protected by a declared homestead, many creditors find that it isn't worth the trouble to force a sale.

You should be aware that a Homestead Declaration affords no protection from involuntary sale resulting from Federal or State Tax Liens or any loan where the property is used as collateral (for example, mortgages), home equity loans or child support obligations.



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