Greenbaum
Greenbaum v. Burlington Insurance Co.
Opinion
Lead Opinion
Seeborg, J.
ORDER GRANTING MOTION FOR SUMMARY JUDGMENT
I. INTRODUCTION
Brandy Miller and her mother Sandra Miller lived rent-free in a house owned by Ester Miller — who is Brandy’s grandmother, and Sandra’s mother-in-law. One day in 2011, Sandra opened the front door as she was taking out the garbage. Her daughter Brandy’s dog ran out the door, and attacked an approaching UPS delivery person, Peter Greenbaum, biting him severely-
Greenbaum sued all three Millers in state court. Ester, as the landlord, maintained a liability insurance policy issued by Burlington Insurance Company, which provided her a defense in the state court action. Burlington declined, however, to provide a defense or indemnity to Brandy and Sandra on any theory that they might qualify as “additional insureds” under the policy.
The state court granted summary judgment for Ester on grounds that a “landlord does not owe a duty of care to protect a third party from his or her tenant’s dog unless the landlord has actual knowledge of the dog’s dangerous propensities and the ability to control or prevent the harm,” and that there was no evidence Ester had such knowledge. The matter proceeded to a bench trial against Brandy…