Primary Coverage Must Indemnify Dog Bite at Second Residence

The Appellate Division of the Superior Court of New Jersey ruled that an insurer must cover an occurrence where the insureds’ dog attacked and injured the housekeeper at the insureds’ second residence. The case is Berardi v. Fmi Ins. Co., 2023 N.J. Super. Unpub. LEXIS 2161 (N.J. Super. Ct. App. Div. 2023). Please note that this case is unpublished and therefore has limited precedential value. 

The Berardis maintained their primary residence in Sparta, New Jersey and kept a second home in Montauk, New York, including a cleaning service. On one visit to Montauk, a new cleaning person arrived two hours early. The Berardi’s Tibetan Mountain dog, who was typically locked away while cleaning services occurred, attacked the cleaning person, injuring her.