Halifax Humane Society's insurer wants to exclude 'aggressive dogs' from shelter's coverage

Halifax Humane Society staffers in Daytona Beach were dismayed this month when the overpopulated shelter received an "aggressive dog exclusion" from its insurer.

"What they're saying is if we know it has a bite history, we're not allowed to adopt it out, send it to a home or send it to another rescue," Pam Clayton, the shelter's CEO, said by phone Tuesday.

The organization announced Nov. 3 that an operational shift would take place.

"HHS will not place dogs that have a history of biting or a known propensity of aggressive behavior. This will result in the euthanasia of dogs in our care currently, or in the future, that meet these parameters," the post states in part.

Clayton said a rumor on social media about the organization planning to euthanize 100 dogs last week was false.

"We all love these animals," Clayton said, adding that there were no euthanizations scheduled at the time for the kinds of dogs the insurance company now declined to cover.

The animal shelter waived adoption fees last week in an effort to alleviate dog overpopulation.

"We're not sure this is where we're going to land," Clayton said. "Currently, our hands are tied."

She said the nonprofit is looking for a less restrictive policy, but in the meantime has requested clarification on some of the broader terms in the hopes of being able to spare as many dogs' lives as possible.

The document states the insurer "shall have no duty to defend any claim or 'suit' for 'bodily injury,' 'property damage' or 'personal and advertising injury' arising out of the ownership, supervision, custody, fostering, adoption, or investigation of the prior history of an 'aggressive dog'."

It defines an "aggressive dog" as one that was:

1. Responsible for inflicting "severe injury" on a human being or animal on public or private property;

2. Previously under investigation and deemed to be dangerous by animal control and/or local authorities; or

3. Surrendered with a known history of biting resulting in "severe injury" or other violent behavior by the prior owner or a governmental entity, notwithstanding any subsequent finding to the contrary by you, an insured, by any other person for whom an insured is legally responsible or by an animal behavioralist.

It defines "severe injury" as "any physical injury that results in death, bleeding, muscle tears or disfiguring lacerations or requires multiple sutures or corrective or cosmetic surgery."

One of the parts of the exclusion the shelter is seeking more information on is the inclusion of "bleeding," something pet owners know could easily come from an unintentional scratch, in the definition of severe injury.

Christina Sutherin, the nonprofit's COO, told WESH 2 that if one of the shelter's known-aggressive dogs severely injured someone, the legal ramifications could have the potential to shut the facility down.

"Some of them are just too far gone for us to be able to save," Sutherin said, her eyes welling up with tears. "If we were negligent in putting out an animal that we knew had potentially posed a risk to someone or had already had a history of that, it would be on us."

Dog discrimination

Insurance companies declining to cover dogs that have been deemed aggressive isn't unusual.

Last year, insurance companies paid out approximately $882 million in liability claims related to dog bites and other injuries caused by dogs, according to the Insurance Information Institute.

A number of states and municipalities also have breed-specific legislation, "the blanket term for laws that either regulate or ban certain dog breeds in an effort to decrease dog attacks on humans and other animals, according to the American Society for the Prevention of Cruelty to Animals.

There were 21 states, as of April 1, 2020, with breed-specific legislation, according to the ASPCA. Those breeds usually comprise the "pit bull" class of dogs, including the American pit bull terriers, American Staffordshire terriers, Staffordshire bull terriers and English bull terriers.

While the mention of pit bulls can stir up strong feelings on both ends of the spectrum, the American Kennel Club doesn't recognize "pit bull" as a breed.

Florida law permits that local governments may have policies restricting "dangerous dogs," so long as the focus is on the behavior and not the breed.

Melvin D. Stack, president of the HHS's board of directors, said the facility tries to work on behavior modification with any animal that needs help.

"We don't have unlimited finances," Stack, an attorney at the Daytona Beach firm Every & Stack, said. "We all love animals but we're being pressed into making some difficult decisions to be able to care for the rest of the animals out there."

While supporters of breed-specific legislation may believe they're just protecting their communities, banning certain dogs ultimately hurts responsible owners and has little impact on those who aren't, according to the AKC.

It's a practice that isn't justified or supported by data, according to the ASPCA.

The organization states there's "also no evidence to support that insurance claims for the prohibited breeds are financially significant for insurance carriers relative to other paid losses."