Van Kleek v. Farmers Ins. Exch.

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Jennifer Van Kleek was caring for Walter and Janet Chapman’s dog while the Chapmans were out of town when the dog bit her on her lower lip. Van Kleek sent a claim to the Chapmans’ homeowner’s insurer, Farmers Insurance Exchange (Farmers), for her injuries from the bite. Farmers denied the claim, concluding the Van Kleek was “legally responsible” for the dog and therefore, she was also an insured, and the policy excluded coverage for bodily injuries to insureds. The policy defined “insured” to include “any person…legally responsible for covered animals." Van Kleek filed a complaint for declaratory judgment seeking a determination that the policy covered her claim. The district court granted Farmers’ motion for summary judgment, concluding that Van Kleek was “legally responsible” for the dog because she was the only person responsible for feeding, watering, and letting the dog into the backyard while the Chapmans were away. The Supreme Court affirmed, holding that Van Kleek was an insured under the policy because she was “legally responsible” for the Chapmans’ dog, and therefore, the unambiguous terms of the policy excluded coverage of her injury. View "Van Kleek v. Farmers Ins. Exch." on Justia Law