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Mercury Insurance Signs Death Warrant on Family Dog

October 15th, 2008 · 22 Comments

Tanner --- 2003-2007
Eric Christensen

Tanner

2003 — 2007

Breed discriminatory laws are sweeping our country and Denver, CO is only one hot spot. Other cities in the states of Ohio, Missouri, Kansas, and Texas (to name a few) have adopted similar legislation. Insurance companies have jumped on this breed bandwagon — placing restrictions on homeowners or refusing to provide coverage if certain breeds of dogs are owned.

If you have been thinking that breed discrimination is not your problem, wake up and smell the illegal dog lying on your living room couch! As a veterinarian, I have added breed discrimination to my list of warnings for dog owners. I now caution my clients (who own one of several dog breeds that have been blacklisted by insurance companies and cities around the country) whenever I am introduced to their American Pitbull Terrier, Bull Terrier, Staffordshire Terrier, Rottweiler, Chow Chow, Akita, Great Dane, German Shepard, or Doberman. In my state of California, I have personally witnessed the pain of breed discrimination first hand, compliments of Mercury Insurance Company.

For a heavy dose of reality, read what happened to Tanner:

In 2007, Mercury refused to pay a claim when it was discovered that the policy holder owned a dog that a company representative determined was a “pit bull”. The dog was a mixed breed, (a fact that any dog expert would attest to) and so I promptly wrote them a letter of objection arguing that Tanner, the dog in question, was in fact a mongrel by pure definition. In addition, I said I would testify to the fact that in my three years of working with this dog, he had never displayed any signs of aggression.

So, what happened? My client’s daughter was walking Tanner (a playfully strong 80 pound lab bully mix) when his strength overpowered the leash hold of the dog walker (10 year old weighing 80 pounds). When Tanner paid an unwelcome visit to a neighbor’s dog, a scruff broke out and the neighbor was bitten in the hand as he separated the dogs. The dogs were not injured but the neighbor got nasty, real nasty. He got a lawyer and filed a lawsuit claiming he would be out of work for 6 months and wanted to be compensated. He said the injury to his finger (it was his pinky) prevented him from using his keyboard to type.

In the end, Mercury paid the claim and then threatened to cancel the policy unless my client provided them with Tanner’s death certificate. I stood there numb with disbelief while my panicked client was distraught over the prospect of losing her homeowner’s insurance, complaining she could not afford to buy insurance from eight other companies that had quoted her higher rates, since this claim put a “black mark” on her record. I refused her request to euthanize (in this case murder) Tanner and told her I would find a rescue group to foster him for adoption. She was open to the idea. Two days later and for reasons I will never understand or accept, she took her marching orders from Mercury and handed them Tanner’s head on a platter.

I was stunned by the news. I was sleep deprived for weeks —Tanner’s handsome face visiting me at night whenever I tried to close my eyes. I had believed BSL could not get me in California. Oh No! BSL was in other states and other cities — like Denver, CO where I have carried a torch for the last four years. Now I was face to face with the same evil. I had seen the devil. And the devil won.

It’s been one year this month since Tanner lost his life to corporate breed discrimination. I could not write about it then — the wound was too raw, my emotions too unstable. Even now, I have had to reach for the courage to write about it. I’ve had to accept the outpour of more tears and gut wrenching rage.  Please use the heartache and outrage you too may be feeling to protect other dog owners and dogs from a similar situation as Tanner’s. Tell this story to anyone who will listen. Tell them to read their homeowner insurance policy for dog breed exclusions in the fine print. And watch out when it’s time to renew your policy — many carriers have amended existing policies to include breed restrictions.

FYI: insurance carriers are regulated by the state insurance commissioner* — so restrictions can vary according to which state you live in. In California, there are only two insurance companies dog owners will want to do business with: Farmers and State Farm. More than 20 other large insurance carriers (interviewed by a top agent of Roverlution.org) had breed restrictive language in their contracts. Even if you own a poodle, please send your business to insurance companies that do not discriminate against dog owners.

* Contact and write to the Insurance Commissioner in your state telling them you are against breed restrictions and find out which state representatives support your views. They can introduce legislation to prohibit insurance discrimination. If legislation is pending you can encourage your state representatives to support it!

Note: Connecticut, Massachusetts, Pennsylvania, Virginia, Wisconsin (not an all inclusive list) have state laws in place (or pending) which prohibits the denial of insurance based on dog breed ownership. This shows progressive action by these states!

After you study your homeowner’s policy, watch out for your city council. More and more cities have placed the topic of breed restrictions on their agenda. You must watch to see if your city representatives are meeting to discuss your dog. And before you consider a move or vacation, first check to see if you own a blacklisted dog. Bottom line: Both state law and city ordinances must be examined prior to a visit or move. Dog owners are not free to move about in the new America!

Breed discriminatory laws have become a modern day death sentence for any dog caught in the legal crossfire of ignorant lawmakers and biased insurance companies. See other posts on this subject.

Stay informed. Get involved. Or watch more of your freedoms evaporate and just maybe your dog, too.

Tags: My Shout Box · The "Wrong" Dog Breeds

22 responses so far ↓

  • 1 Sirena // Oct 15, 2008 at 6:52 pm

    That is awful. Do you know of any other co’s doing this? I ask b/c I am in the processing of getting some insurance and I sure DO NOT want my money going to these types of companies. Thanks!

  • 2 Andy Whiteman // Oct 15, 2008 at 7:24 pm

    This is terrible. I would file a complaint with the State Insurance Commission (I have done this previously on other issues) and change companies if the Insurance Commission didn’t overrule the company. I wouldn’t kill my daughter just because an insurance company demanded it. I guess I am just plain stubborn.

    I have a friend who is a State Farm agent who told me the question is, “has the dog bitten anyone,” rather than what is the breed? State Farm rates the dog’s behavior, not the breed.

  • 3 Barbara // Oct 15, 2008 at 9:15 pm

    Shame on Tanner’s “guardian”!! Yes, they may have been put in a tough spot, but I can’t believe they couldn’t figure out something. You even gave them some help and they took the quick and ,easy for them, solution.

    Yes, we need to eliminate breed bans. But I also believe that Tanner’s guardians are not fit to be guardians.

  • 4 Mark Schoenfeld // Oct 15, 2008 at 9:30 pm

    A year ago, I represented a true criminal in an action brought by my local city and the Federal Government. My client, Scooby, a Pug who regularly comes over to play with my two mini Bull Terriers snapped at a temporary letter carrier running a route for a regular who was on vacation. The temp, known as a T-4 or T-6 did exactly the opposite of what he had been trained to do. He turned away from Scooby and began to run. Scooby, who should not have been allowed out unrestrained, likely thought to himself, Wow a new playmate. Fortunately, my star witness was our regular letter carrier whose testimony was that Scooby had gotten loose at least once before, walked her route with her and she became afraid for his safety. On at least one occasion she ordered him to “go home” which he did. He was actually more protective of her than she may have been for him. The case turned out well. After winning at the trial level, I filed an appeal because the City declared the dog a potentially dangerous dog, or a vicious dog, a classification not supported by testimony at the hearing. That determination allows them to euthanize the dog without any further due process, notice and an opportunity to be heard. I won on appeal and the U.S. Post Office agreed to continue delivering the mail even though they didn’t have to. Even they didn’t belive Scooby was a legitimate threat. California law provides for strict liablility in tort for dog bites and food code violations meaning that everyone in the chain is liable. No dog in California is entitled to one bite anymore. If notified by your insurance company that your policy cannot be renewed while you possess your dog, you have a real problem. You cannot give the dog to someone in another state at that point without creating a legal problem for yourself. Under California’s Strict Liability Law, if you give your loving pet to someone in another state and that dog takes a bite, you are liable and any previous notice of dangerous propensities that you may be aware of will come back to you by way of a lawsuit, even from another state. the law is not on your side or your dog’s side even your dog is a totally social and well adjusted people loving pet. Factually, is a bite a playful nip that is perhaps a little too rough? The real problem is that if your homeowner insurance carrier demands your dog be put down or go ininsured you have a real clear and present danger. Who are they to arbitrarily determine Number 1, the breed of your dog in the case of a mongrel, Number 2, their right to cancel your homeowner policy based on the alleged breed of a pet you may possess. The only defese to a strict liablility dog bite case in California is that the victim provoked the dog prior to the bite or nip. Owners have a real responsiblity to restrain their animals on their property, make the property inaccessible to outsiders, (which we all should do anyway for our own safety), and make sure that any incident with an owned dog occurs while someone has entered by breaking and has assumed the risk of their own injuries, (meaning post signs on your locked gates), “Do Not Enter, Dogs on the Premises”. Do everything you possibly can to protect yourself and your family pet from persons who suffer from litigious paranoia. It is imperative that you can testify under oath that there existed no way for this person to get in your back yard unless their primary goal was to heckle, provoke and annoy your companion animal. That means no gardeners, no meter readers, no anybody. The meter readers can use radio controls or see it from next door. You can do your own gardening if you care enough about protecting your family’s companion. If you don’t care enough to do your own yardwork, don’t have a pet door, teach you pet to hold it until you get home. The worst stories I have ever heard are from people who lost a dog, a dog that wasn’t microchipped, and whose collar was “not on him because I gave him a bath a week and half ago and I wanted him to be dry before I put his collar and tags back on. Of course that is bullshit and we all know that. If you have never had a problem with your dog, next renewal switch to State Farm. Honestly answer the questions on the application. If you are not a dog expert, do not volunteer any information. If they ask about a family pet answer honestly. If you don’t know the breed or if your dog is a mongrel, and unless you are an expert, state something like, “I think he’s a boxer labrador mix.”. If they have any real concerns they will come over to see your family pet prior to issuing the policy. In most cases they are more concerned about your deposit check clearing. They don’t have many dog bite claims. Most pet owners are responsible. Damn, I hate gardening in my back yard but if anyone ever comes over my fence, I will defend my family with every Constitutional provision guaranteed to me under the Second Amendment and Fourteenth Amendment. Govern yourself accordingly unless you are prepared to have a family pet of the breed government says you may have. It makes me think that since cats aren’t licensed, I should put a 350 pounder in the back yard to wait for government to take my Bull Terriers. They eat over 90 pounds a day. A government intruder seeking to take away my Constitutional rights would be a meal for half a week. Wouldn’t it be poetic justice for him to ask where the dogs are to help him? You couldsmile and say, “They are on a diet, when the last 30 pounds of you is left I’ll let them out too”. So much for government in your back yard. Please protect yourself and your primate and canine families. Hehe.

  • 5 sandra terifaj // Oct 15, 2008 at 10:24 pm

    Killing your dog to keep your home owners insurance is outrageous. We need to pass on the word for others not to be victims of the insurance companies right to be in the postion of determining the fate of our faithful and innocent companions.

  • 6 Honey // Oct 15, 2008 at 10:27 pm

    This just drives me bonkers. It’s so stunningly ignorant that I wonder how these people navigate daily life with just half a pigeon brain to work with.

  • 7 Cinnamon Landman // Oct 16, 2008 at 1:44 am

    Looking into Tanner’s eyes is heartbreaking. I know one can’t get into the mind or heart of another person; nevertheless, I find it difficult to understand how one could live with–and love–then kill, an animal companion. Yes, the situation was difficult. But if the tables had been turned, so to speak, I’m sure that Tanner would have fought to the death to protect his *person.*

    I don’t know, any more, what to call the human who’s blessed with the gift of sharing life with an animal. In rescue circles, it’s politically incorrect to use the word *owner.* But certainly the term *guardian* is a misnomer in too many cases. We can comfortably refer to our (can I even use that possessive pronoun?) *animal companions* or *animal friends* without being inaccurate, and thereby avoid the term *pet.*

    Bully-ism seems to be the newest racism. And like any prejudice that allows–even encourages–killing or any form of suffering, it’s just as insidious, just as dangerous, as any form of judgment based on birthright rather than behavior.

    When I bought my home in 1991, I filled out a questionnaire for my insurance carrier (ironically, it was State Farm), and with no concern for repercussions, honestly stated that I had 2 dogs,a black lab and a staffie. Oh, the wondrous days of ignorant Pollyanna-ism (one of the good *ism’s*–like veganism)! I was told that I couldn’t have insurance coverage if I kept Amory (a precious dog named for my hero, Cleveland Amory), whom I had rescued off the streets when she was a puppy.

    I told the State Farm representative to please come visit and meet my dogs, before I began a search for another carrier. He didn’t visit, and I still have State Farm insurance for my home as well as for my car. Of course, I may have been fortunate that there was no specific law at that time, or in this city.

    Amory crossed the Bridge when she was 16 years old. I would never force an animal to stay alive if there was any question of suffering, and I always monitor and have frequent vet checks when there’s a possibility about quality of life. While Amory wasn’t in obvious pain, it was becoming clear that she wasn’t as comfortable as I would have wished, and I suspected that she was hanging on for my sake (our animals are like that, aren’t they?). The night she refused to eat, I sat with her on her bed (an air mattress I had bought for her and set up with pillows so she wouldn’t fall off, or bump against the wall, when she could no longer jump onto my bed); and I told her it was OK if she needed to leave me. I write this with tears falling: in the morning her still body was curled on the pillows.

    That’s how much our animals love us. We should give them the same love and respect. I’m so sorry that Tanner was one of the many unfortunate animals whose lives were cut short for no reason other than human ignorance and lack of moral strength.

    A final thought: what a fitting name for the insurance company that signed Tanner’s death warrant–mercury is poisonous…

  • 8 Shauna Russ // Oct 16, 2008 at 4:22 am

    Although my Phoebe is my service dog, she’s also a Staffordshire Bull Terrier. AARP/Hartford provides me with the least expensive automobile insurance, but when I asked for a quote for renter’s insureance, I was told that they would not insure me because Phoebe is a forbidden breed. We live in northern Nevada and there is no BSL here, but the insurance company is still able to discriminate against my “Love Bug.” However, in so doing, they are also discriminating against a disabled woman, but this is an area where there is very little protection – if you own a “pit bull type” dog, thanks to the ridiculous myths of the mainstream media, you’re considered to be someone who wants a dog to scare people. Quite the opposite for me – I’ve had pit bull type dogs for years and I enjoy the fact that they are very easy to train, have a wonderful work ethic, are reliable and friendly in large crowds, and love being around people. Those are true pit bull characteristics – there’s no need to fear a pit bull unless 2-legged monsters have been able to torture, abuse and drug them until they become 4-legged monsters. These dogs have held a firm place in American history as treasured family pets and heroes until the monsters on the other end of the leash began to change things for a small minority. That does not justify making responsible owners and good dogs suffer. Please, go to http://wwww.roverlution.org to sign the petition.

  • 9 Jim Willis // Oct 16, 2008 at 8:43 am

    Shame on Tanner’s owner! She didn’t deserve him and she also risked her young daughter being injured by not being a responsible animal guardian or parent. If she truly loved Tanner she would have taken you up on your offer of a temporary solution. Her neighbor is quite obviously a jerk, too, so I’m glad I don’t live in their neighborhood.

  • 10 Jessica Beganski // Oct 16, 2008 at 1:13 pm

    This is heartbreaking. As the owner of two of the breeds that are considered to be dangerous dogs, I can’t imagine facing this choice.

  • 11 sharonb // Oct 16, 2008 at 4:27 pm

    I just feel so bad for animals. They can’t do things that generate food, love, safety, but they offer everything to their owners. If only the owners could understand them….

  • 12 Anne Kruse // Oct 16, 2008 at 5:22 pm

    There are so many soap boxes I want to climb upon when I read this. I feel a fierce rumbling. I could go on and on but, bottom line, insurance companies ALWAYS practice descrimination and it takes a sack-load of money to fight them and have a judge force them to be open to remedy many situations. Their “intent” with their marketing efforts makes it sound like they’ll be there for you when you need them. Instead, there always seems to be an astric* next to the stuff that really matters and in a pinch you lose. Believe me, I worked for a very large national work comp insurance company for 10 years and you wouldn’t believe what went on there, or maybe you would.
    Keep your fluffy-ones safe and on leash and in the hands of a responsible adult and maybe you can avoid any run-ins. Insurance companies are like prisons and hospitals, you’re better off just staying the heck away from them.

  • 13 Shauna Russ // Oct 17, 2008 at 1:59 am

    I apologize for mistyping the URL to a very important petition. Please try this link: http://www.roverlution.org

    It’s so important that we speak out for those who have no voice.

    “To sin by silence when they should protest makes cowards of men.” ~Abraham Lincoln

    “Never, never be afraid to do what’s right, especially if the well-being of a person or animal is at stake. Society’s punishments are small compared to the wounds we inflict on our soul when we look the other way.” ~ Martin Luther King, Jr.

    Please ask your friends and family to sign the petition, also. Thank you!

  • 14 Akita owner // Oct 17, 2008 at 2:01 am

    I have an Akita, and the insurance stuff is very old news. I hope everyone reading this takes this to heart – it is important that large dogs not be walked in public by small children. By small I mean any kid not at least twice as heavy as your dog, or under 18. I always knew this, having been around animals my whole life and having common sense, but I was never strict enough about it in my home and my dog spent a week at the shelter in quarantine after biting someone who ran up to him while my child (who was about 9 or 10) was walking him. It’s irresponsible (and illegal from what the police told me back then) to have anyone 10 years old walking an 80 pound pet of any species. I was lucky, I still have my wonderful dog. The police and animal control were very nice about it because I called to report it before the bitten person did – I didn’t want some poor kid to go through a rabies shot series because they didn’t have the shot records of who bit him. It was a very minor bite, and my dog wasn’t seen as an aggressor, but it was my wake up call to be more responsible. It is important, especially in these times, that large dogs be handled appropriately – and in public, that means by someone of “grown up” ablilty and judgement. I grew up with Saint Bernards and have owned and played with large breeds ever since, and yet the worst dog bite I ever suffered was from my friend’s Chihuaha. But let’s be honest here – that little 8 pound dog was not going to knock me down or grab me by an arm (just my lip…ow!). Although the little 8 pounder could likely have damaged that man’s hand just as much as Tanner did. For the 10 years since my Akita bit that person, I have not once allowed a kid or adult I didn’t trust walk him in public. He is old and happy, because I was lucky enough to have a second chance to be responsible. DON’T LET KIDS WALK BIG DOGS! An ounce of prevention is far better than the pound’s cure (or the insurance company’s). I wish more people who owned large dogs simply used the common sense I forgot almost 10 years ago – these days there seems to be more at stake.

  • 15 Akita owner // Oct 17, 2008 at 2:27 am

    I meant to add that it breaks my heart when an owner kills their dog when other people have offered to take it and give it a good home. How do people get to the place where that is acceptable? RIP Tanner. If there’s a next life I wish you a home with better people in it.

  • 16 Vicki Martinez // Oct 17, 2008 at 12:52 pm

    I own a HUGE rottie and he is the sweetest dog, my insurance company, State Farm, has NEVER given me any issue about having a rottie and they insure on the DOG not the breed but the dog’s behavior and needless to say my 160 lb baby licked my insurance agents almost raw, LOL! They love him so I would recommend State Farm for Insurance. Killing my dog for insurance would NEVER be an option for me!!!

  • 17 Cindy Scott // Oct 21, 2008 at 3:30 pm

    Discrimination in any form is wrong. Many of all species have paid with their lives for the ignorance and hate of others. Fear is the strongest emotion, and hate is born of fear.

    The only way to combat the fear is with the truth. Keep talking and some day (soon I hope) love will conquer fear.

    We need to remember Dr. King’s words and his dream that “someday (all) will be judged not by the color of their skin, but by the content of their character.”

    Keep the dream alive.

  • 18 Maritza Collell // Nov 6, 2008 at 4:50 pm

    As a Farmers agent I am very proud to be part of a company that does not discriminate on any dog breeds, and provide service to all homeowners who choose to extend their love and companionship to animals that provide so much happiness to our families.

    I want to thank Dr. Terifaj for her love, service and incredible selfless hard work towards these special breeds allowing them to have hope and happiness in their lifes. I was honered by her invitation to be part of the 4th Annual Luv-a-Bully March and service my community with my love for animals and expertise in the insurance industry.

    Not only is she my wonderful doctor to my 3 special babies: Jake, Charlie and Katie, but a wonderful human being.

    Thank you Dr. Terifaj and all her staff for their love, compassion, and incredible service to so many families.

    Lets all keep on working towards ending discrimination for our special friends by supporting Dr. Terifaj and her special cause.

  • 19 selwyn marock // Nov 8, 2008 at 2:21 am

    I cannot beleive what I am reading,I know it is
    true but unbeleivable it certainly is.a quote or 2 is all I can offer:
    “The dog has seldom pulled man up to his level of DECENCY but man has frequentlydragged the dog down to his

  • 20 selwyn marock // Nov 8, 2008 at 7:46 am

    I do assume we will be doing plenty of PR for
    the Mercury insurance group,like advising all to
    change from this EVIL insurance group,to other Insurance companies.

  • 21 October 2008 Luv-a-Bully March and Pit Bull Awareness Day // Nov 24, 2008 at 6:57 pm

    [...] On a more serious note, Farmers Insurance Company attended at the invitation of Dr. Paula Terifaj DVM to announce that in California, Farmers is only one of two insurance companies surveyed that does NOT discriminate against dog owners. To find out more about breed discrimination by insurance companies, read the tragic story of Tanner: Mercury Insurance Signs Death Warrant on Family Dog. [...]

  • 22 Jan Keith // Nov 5, 2009 at 9:53 pm

    Not only is Mercury a horrible insurance company for Homeowner’s policies, they also suck as Auto Insurance representatives. They treat their clients like they’re ALWAYS at fault. They DO NOT stand behind their clients at all! I HATE Mercury Insurance.

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