American Family Mutual Ins. Co. v. Williams

Dist. Ct. did not err in granting defendants-insureds’ motion for summary judgment in plaintiff-insurance company’s action seeking declaration that homeowner’s policy it issued did not cover incident in which house-guest of insureds was injured when walking insureds’ dog. While policy contained “intra-insured” exclusion for injuries sustained by “insured,” which covered persons legally responsible for animal owned by named insureds, house-guest was not “legally responsible” for instant dog under Indiana law as either owner or “keeper” of dog, since record showed that: (1) house-guest never had management, control or care of dog as owner of owner would normally have; and (2) house-guest was not responsible for giving dog any food, water, affection or other care. As such, house-guest was not “insured,” and thus his injuries were potentially covered under policy.