Insurance companies argue that a policy for the manufacturer of a dog collar should not be extended to the store where that collar was purchased before it allegedly broke, resulting in a pit bull attacking a woman.
On Jan. 8, Travelers Property Casualty Insurance Company and Charter Oak Fire Insurance Company filed a motion to dismiss the complaint filed by Rural King Distribution and Management Inc. and Swansea Rural King Inc. The motion was filed through attorney Richard Valentino of SmithAmundsen LLC in Chicago.
According to its memorandum in support of its motion, the defendants argue that the certificate of insurance that Rural King relies on “does entitle them to additional insured status, nor could plaintiffs reasonably rely on it as proof of such status.”
“The certificate explicitly informs would-be additional insureds that they must consult the listed policies to determine whether coverage is available and that the certificate is not a contract,” the motion states.
“Plaintiffs allege they are ‘members’ of Mid-States Distributing but allege no contract with Scott Pet requiring that they be named additional insureds,” it continues.
The insurance companies argue that the Rural King plaintiffs fail to allege a contract existed between them so their complaint fails to state a claim upon which relief can be granted.
“Plaintiffs’ complaint relies solely on the certificate as the basis for coverage,” the motion states. “This reliance is misplaced because the certificate itself contains multiple disclaimers, such as that it is for information only, that it does not alter the coverage provided by the policies and that it does not constitute a contract between the insurance company and the certificate holder.”
The Rural King plaintiffs filed their complaint against the insurance companies on Aug. 31 in the St. Clair County Circuit Court. The defendants removed the case to the U.S. District Court for the Southern District of Illinois on Nov. 13.
According to the complaint, the Rural King plaintiffs argue that they are entitled to insurance coverage under Scott Pet Inc.’s policy with Travelers and Charter Oak Fire. They seek a judicial declaration that they qualify for defense and indemnification.
The Rural King plaintiffs argue that Scott Pet’s insurance policy includes a certificate of insurance for “Mid-States Distributing, LLC and its members” as certificate holders. The Rural King plaintiffs claim they are members of Mid-States Distributing, meaning they are additional insureds under Scott Pet’s policy.
The insurance companies have allegedly refused to provide the coverage the Rural King plaintiffs allege they are entitled to.
The Rural King plaintiffs allege Travelers and Charter Oak Fire denied their coverage request without thoroughly investigating whether they are entitled to coverage.
The underlying complaint against Rural King was filed by Katrice Mathis on Jan. 23, 2020, in St. Clair County Circuit Court. The suit was filed against Rural King, Courtney Jackson, Donald Huddleston and Scott Pet Inc.
Mathis claims in her complaint that she was living in a duplex owned by Huddleston in Belleville. She alleges she was residing in Unit A while Jackson was residing in Unit B. Jackson allegedly kept her two year old pit bull chained up outside of the unit.
Mathis alleges that on Sept. 2, 2019, she went outside at approximately 12:40 p.m. and was “viciously attacked” by Jackson’s pit bull. She claims she did not provoke the dog, but it attacked after it’s collar broke. The suit states that the Scott Pet collar was purchased in 2019.
She alleges that despite numerous complaints to Huddleston, no action was taken to remove the dog from the premises.
Mathis claims Jackson had a duty to maintain control of her dog and keep the animal on a secure collar when outside her duplex.
She claims Huddleston had a duty to maintain the rental property, to ensure the safety of its common areas for residents, and to ensure that policies and procedures were in place requiring residents to properly restrain their dogs.
The suit states that Rural King was in the business of inspecting, installing and selling various types of pet products including choke collars for dogs manufactured by Scott Pet. Rural King is accused of negligently inspecting and selling the collar.
U.S. District Court for the Southern District of Illinois case number 3:20-cv-1235