If you have a dog or cat, how would you like to be told – “Our policyholder may have damaged your pet. And even though they were negligent, at best, we might replace but not repair it.“
This is the position held by a national insurance company. Your furry family member is nothing more than an inanimate object that is to be discarded and replaced. The damage requiring surgery will cost them more to repair your living companion so they offer to replace.
Back in late April, I took my healthy 8-year-old Shetland Collie to Paws of Paris groomers in preparation for the hot summer weather. We went in with her walking on all four legs. I pick her up hobbling on three.
Refusing to put her leg down later that afternoon, I take Katie to Encore Veterinarian Hospital to meet up with the manager of the groomers. Dr. Lurvey takes radiographs (x-rays) to diagnose the damage. “There’s no broken bones. We’re most likely looking at a soft tissue injury.” FYI – a damaged ligament/tendon is called a “soft tissue injury”.
We return two weeks later for the follow-up visit at Encore. Katie is still not able to put weight on her leg without overextending her ‘wrist’. Dr. Redding takes more radiographs from different angles. Her notes indicate an orthopedic specialist is recommended for the injury.
The owner of the grooming company requested we go to Angel Vet Clinic to get a second opinion. After six splints (a support cast with layers of gauze and tape), a walking boot, and a neoprene support sleeve, Dr. Battershell makes the decision to send a referral to an orthopedic veterinary surgeon in Dallas to repair her damaged leg. At this point, the owner turned it over to her insurance company.
Via phone conversation, the Nationwide adjuster says – “At best, we might replace ‘the puppy’, but it’s very doubtful we’d repair the injury. This is going to be tricky. After all, it would be cheaper for us to replace ‘the puppy’ than it would be to surgically repair the injury.“
First of all, Katie is not a puppy! We’ve shared eight fun years of bonding and companionship. Secondly, the groomer – your policyholder – was negligent and I could care less what is going to be cheaper. Fix what has been damaged! At this point I gather estimation quotes for the surgery, rehabilitation, and associated medical expenses. They are submitted to the insurance adjuster and owner of the groomers.
Under current bailment laws, courts routinely hold negligent businesses responsible for the cost of veterinary care required to cure the animal, regardless of insurance market value. Katie is my documented essential Emotional Support Animal, and has had to “three leg around” for four months now after the visit to Paws of Paris… accident or not.
Did Katie get out of an open gate and get hurt down the alley? Was she chasing a cat across a busy street and got hit by a car? No, she was left in the care of the groomers, and they were negligent and failed to protect my little girl while in their custody. Full stop.
An offer has been made to replace Katie… Unacceptable. She’s not a used car. Capping a settlement based on replacement value and standard property valuation rules are inapplicable.
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