A Missouri appeals court ruled that a defendant was not engaged in property management activities at the time a dog bite occurred, and thus, was not covered under a CGL policy in Russell v. Clapp, No. WD 66244, 2006 WL 2669358 ( Mo. App. W.D. Sept. 19, 2006).

 

Joseph Clapp lived in a trailer owned by his parents adjacent to a trailer park they also owned. Clapp did not pay rent but worked for his parents at the trailer park and kennels they owned. He also managed his parents' farm.

 

Clapp's dog bit and injured Jennifer Russell, who was visiting with Clapp's stepdaughter at his mobile home. When the incident occurred, Clapp was watching television in his trailer.

 

Russell's next friend, James Russell, brought action against the trailer park, Clapp, and Clapp's former wife and won a judgment for $75,000. Russell filed a request for garnishment against Clapp's parents' CGL insurer, Cameron Mutual Insurance Company. Cameron denied coverage, stating that Clapp was not an insured under the policy.

 

The court said, based on findings in other similar cases, that “in order for an individual to be covered by the policy, that person must not only be a real estate manager but must also be acting in that capacity when the injury occurs.” Thus, the court determined that it did not need to decide if Clapp was a real estate manager because he was not engaged in property management activities at the time of the dog bite. Therefore, he was not considered an insured under the CGL policy.