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Oct. 11, 2007
On the weekend of Aug. 28, my husband separated approximately 20 500- to 600-pound calves from their mothers at a farm that we rent. He brought them to a friend's barn that adjoins our property. They were in an enclosed, gated area but apparently nudged the gate open at the loading chute.
On Monday, Aug. 30, at about 6:15 a.m., my husband heard calves bawling and went outside to find one in our front yard. As he was going to the gate to let the one in the front yard into the pasture, he saw another one in the backyard. Before he or I could stop him, the calf jumped into the pool. We were able to get it out using the stairs.
I called my insurance company, Virginia Farm Bureau, that morning and they said we were covered. The claims adjuster came out that afternoon and took pictures. We told him what happened, and he said to go ahead and get it fixed.
On Sept. 2, the claims adjuster called to say the insurance company was denying the claim, stating that they considered cattle to be domestic animals. They referred to Black's Law Dictionary and I quote, "Domestic animals: Such as are habituated to live in or about the habitations of man, of such as contribute to the support of a family. Tamed animals; e.g., horses, sheep, dogs." Weaned cattle are definitely not tamed animals!
We are looking at $3,000 to replace the liner plus $500 for water and $100 for chemicals. We have a $1,000 deductible on our homeowners and farm personal property policy.
If we can find a legal definition that states that cattle are not domestic animals, the insurance company will accept the claim. Can you help?
Cecilia, Virginia
Dear Cecilia,
Kenneth Schrad, a spokesperson for the Virginia Insurance Bureau, says the best advice he can give you is to call the bureau. Someone there can work with you to get this resolved, whether it's contacting someone higher up in your insurance company or filing a complaint. You can reach the bureau toll-free at (800) 552-7945.
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