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Some homeowners insurers will not issue a policy when a dog of a specified breed resides in the premises. Because most homeowners policies provide both physical damage coverage to the structure and some elements of liability coverage for the owners, the underwriting of the liability portion of the policy may preclude coverage for such breed(s). This is usually because there is a real or perceived predisposition of the dog to be aggressive.

That said, if a homeowners application asks whether the applicant owns a dog of a particular breed (as described above) and the applicant misstates such ownership, that would likely amount to a material misrepresentation. A material misrepresentation essentially means that had the insurer known the truth, it would not have issued the policy, or would not have issued it at the premium that was actually charged.

As a practical matter, the issue might not arise unless or until a claim arose involving the dog, such as a bite. Nonetheless, candor on the application is both important and the right thing to do.

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Q: Is what type of dog you have a material fact for a Home policy?
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