My dog barked at a delivery guy who immediately turned and ran so my dog grabbed his shirt by the bottom hem. The dog let go and retreated. The delivery guy continued to run across the street and jumped a fence, according to a witness. He sustained a small nick on his hip, which could have happened on the fence. He didn't say he strained anything else and walked fine afterwards. This happened over 1.5 years ago (October 2017) and he is now filing a lawsuit claiming that the dog attacked and bit him and is seeking >$50,000. I understand that I would be responsible for an injury per the dog bite laws, and my insurance would likely cover it, but since he's filing a lawsuit I don't think it's as simple as me filing an insurance claim. I received a summons and a request of a written reply by June 8.
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Robert D. Kane, Jr. Esq. Licensed in CALIFORNIA (based in City of Orange, Orange County;) and MINNESOTA (based in Eagan, Dakota County.) State and Federal Courts My answers are for general information only and not legal advice. My answers should not be relied on as specific legal advice. Much more information would most likely be needed for a legal opinion. My answers are based on Minnesota or California law as appropriate. I am only licensed in California and Minnesota. I provide legal advice and counsel during the course of an attorney-client relationship only. This relationship is established by a written agreement and a retainer (unless otherwise agreed upon.)
You should contact your insurance agent or insurance company. Send them the lawsuit. The insurance company should hire an attorney to defend you in the lawsuit, as part of your insurance coverage.
Your insurance carrier should provide representation and a defense. You would only need a lawyer if the claim exceeded the amount of the insurance coverage.
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