Insured's dog was sprayed by a skunk and before the insured realized it the dog ran around the house causing the smell on drapes, rugs, etc. Written on an "all risk" policy so we submitted a claim to the carrier. They are denying as follows. Thank you for your help
The HO7 actually excludes specifically "secretions of animals" whereas, the HO3 and HO5 lists pollutants etc. So this policy is a little more clear, however, it is pretty clear to me is not covered. I Attached the section that discusses perils insured against in the policy. The exclusion I think applies is (8) and (9).
New York Subscriber
You have one of our favorite questions. The secretion of animals exclusion was added to policies a number of years ago for this type of thing. However, you have the ensuing loss provision, that states that any ensuing loss not otherwise excluded is covered. The skunk was not in the house and did not spray the drapes/rugs directly, the skunk sprayed the dog. The dog then ran around the house getting the skunk odor on the rugs and drapes. That is an ensuing loss – the skunk sprayed the dog; that is where the skunk secretions were. The dog, with the remnants of those secretions on his fur getting it on the rugs and drapes is an ensuing loss to the actual skunk secretions themselves. Had the skunk gotten into the house and sprayed on the rugs and drapes then the exclusion would apply. Now as to the exclusion for the actions of the dog owned by the insured, exclusions are to be read narrowly. The exclusion for animals owned by the insured is with the exclusions for wear and tear, marring, deterioration over time. Therefore, the owned animal exclusion applies to actions that occur over time, such as the dog scratching on the door to get out or repeatedly chewing on the rug, not for a one time event. The principle of ejusdem generis applies. Where a law lists specific classes of persons or things and then refers to them in general, the general statements only apply to the same kind of persons or things specifically listed. Example: if a law refers to automobiles, trucks, tractors, motorcycles and other motor-powered vehicles, "vehicles" would not include airplanes, since the list was of land-based transportation. So in your situation, the dog running around the house after being skunked is an ensuing loss to the actual secretions by the skunk, and the exclusion for animals owned by an insured does not apply because it is a singular event, that does not line up with the rest of the exclusions in that section (I'm using the ISO form for reference, if your policy is different let me know, but that section of language tends to be quite similar across policies).
Even so, you may find the recipe for deodorizing skunked dogs and property helpful: One quart of 3 % hydrogen peroxide (from drug store) ¼ cup of baking soda (sodium bicarbonate) and a teaspoon of liquid detergent. Mix all ingredients, but don't mix until ready to use; the mixture is unstable and creates oxygen and may break a container if you try to contain it. This is enough to wash a small dog, say Jack Russell terrier size. If using it on textiles it's a good idea to test a spot to be sure the color doesn't bleach out.
Christine G. Barlow, CPCU
Christine G. Barlow, CPCU, is Executive Editor of FC&S Expert Coverage Interpretation, a division of National Underwriter Company and ALM. Christine has over thirty years’ experience in the insurance industry, beginning as a claims adjuster then working as an underwriter and underwriting supervisor handling personal lines. Christine regularly presents and moderates webinars on a variety of topics and is an experienced presenter.