Scenario: Dog chases a cat. Guest gets caught in cable securing
the dog. Dog owner and guest are significant others. Accident
occurs at their former abode where he (but not she) then resides.
Victim asserts claim on homeowners' policy. Carrier disclaims.
And (of course) litigation ensues.
Jo Ann Davis was injured on April 23, 2017 when visiting the
house owned and occupied by Timothy Phillips at 11 East Avenue in
Cortland. Davis fell after becoming entangled in the cable securing
Phillips's dog (Sam) just as the canine began to chase a
cat.
Travelers disclaimed coverage on the basis that Davis was a
named insured on the homeowners' insurance policy. Davis sued
Travelers for (1) a declaratory judgment that she was not a
named insured on the policy on the date of the incident and
requiring Travelers and Bailey Place Insurance, Inc., the insurance
agency through which the homeowners' policy was obtained, to
provide coverage for her claims and (2) damages from
