One of the three most important elements of a successful dog bite claim is insurance coverage. (The other two elements are discussed in How to Know if You Have a Good Case.)
At least one liable party has to have insurance with limits high enough to pay the victim’s damages and losses, plus the legal fees and costs required to prosecute the claim.
How to Find Insurance
The first step is to send the dog owner or other liable parties a polite letter asking for the name of their insurance company (homeowners, renters, canine liability, daycare, or general liability insurance) and the policy number. In some states (see below), the law requires disclosure without filing a lawsuit first. But in most states, there is no legal obligation to respond.
If the first letter does not work, an attorney can send a second letter that threatens a lawsuit. It may also remind the person that their insurance policy requires them to report the claim. If they fail to do so, they may breach their duty to the insurer. Insurance companies require prompt notice so they can investigate and potentially settle the claim before litigation.
States that Require the Defendant to Disclose Insurance Coverage
In the following states, you can demand disclosure:
- Florida – Statutes § 627.4137: Insurers must disclose policy information under oath within 30 days of a written request.
- Georgia – O.C.G.A. § 33-3-28: Insurers must respond under oath within 60 days to a written request.
- Maine – Title 24-A § 2164-E: Insurers must provide liability limits within 60 days of receipt of the written request.
- Maryland – MD Courts and Judicial Proceedings Code § 10-1102 (2025): Insurers must provide coverage information when an attorney sends them certain documents set forth in section 10-1103.
- Massachusetts – Gen. Laws ch. 175 § 112C: Insurers must disclose policy limits within 30 days or face a $500 fine and attorney’s fees.
- Minnesota – Statutes § 72A.201, subd. 11: Insurers must disclose coverage and limits within 30 days.
- New Jersey – N.J.S.A 39:6B-1.1: Insurers must disclose all applicable insurance policies including umbrella and excess policies within 30 days of an attorney’s request.
What If the Defendant Does Not Reply or Denies Having Insurance?
The surest step is to file a lawsuit and serve it. Of course, being in a lawsuit means retaining a lawyer (the only exception being a small claims lawsuit).
After getting served with the court documents, a defendant who has insurance coverage will likely report the lawsuit to their insurance company. Once that happens, the insurance information often becomes available in one of three ways:
- In many states, a defendant is required to provide insurance information upon request during the “discovery” phase of a lawsuit. The Dog Bite Lawsuit Forms help you ask the right questions and demand the right documents to get what’s needed in dog bite cases.
- A few states have “disclosure” rules saying that relevant information must be distributed to all of the parties when the lawsuit starts. Insurance information is often mentioned in the disclosure rules. For example, California Code of Civil Procedure section 2016.090 requires the exchange of relevant witnesses, evidence, and insurance information at the outset of litigation, including neutral or harmful facts.
- In states that do not require the disclosure of insurance information, an experienced lawyer can confirm there is insurance coverage by the existence of telltale signs that emerge accidentally. For example, the defendant’s lawyer might be a member of a firm that is known for insurance defense work.
For further information, see Pre-suit Disclosure of Liability Policy Limits in Third-party Claims by Matthiesen, Wickert & Lehrer, S.C.
What If the Insurance Information is Wrongfully Hidden?
If a defendant violates a law requiring truthful disclosure of insurance information, there can be severe consequences. For one thing, if it is the dog owner himself who hides his insurance, he will lose the benefits of having it. Those benefits include a free defense (paid for by the insurance company) and the insurance company paying compensation to the victim.
If an insurer refuses to reveal policy limits before litigation, this may be considered bad faith. See Disclosing Policy Limits in Liability Claims: A Landmine for Bad Faith by IRMI.
To establish that you are entitled to full information about the defendant’s insurance coverage, serve interrogatories—written questions in a lawsuit that must be answered truthfully under penalty of perjury—asking for policy details. For a complete set of interrogatories and other lawsuit documents, see the Dog Bite Lawsuit Forms used by Attorney Kenneth M. Phillips.
What if the defendant doesn’t have insurance?
If the dog owner or other target defendant doesn’t have insurance, the victim’s lawyer must investigate other roads to winning a monetary recovery. For more information about this, see What If the Dog Owner Doesn’t Have Insurance?.
The Small Claims Option
If a victim suspects there is insurance but cannot convince the dog owner to produce it, the victim should consider filing a lawsuit in small claims court. When the dog owner is served with the court documents, he most likely will turn the case over to his insurance company. If that happens, the insurance adjuster will contact the victim and the latter can either proceed with the small claims case or retain a lawyer.