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Allstate claims it shouldn’t be liable in lawsuit filed against dog owners involved in deadly attack

Allstate’s lawsuit is in response to Morenos seeking ‘defense and indemnity’ under homeowners insurance policy

San Antonio police at scene of dog attack on West Side. (KSAT)

SAN ANTONIO – Allstate insurance company has filed a lawsuit against the dog owners involved in a deadly attack in February, asking a judge to release the company from any obligations to pay the victim’s family in the case.

The lawsuit was filed on May 11 by the Illinois-based insurance company against Christian Alexander Moreno and Abilene Schneider Moreno.

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The Morenos are being sued by the widow of 81-year-old Ramon Najera, who was killed on Feb. 24 by the Morenos’ dogs, who had escaped their yard and were roaming free.

The lawsuit, filed in March against the Morenos, is seeking $1 million in negligent damages.

The Morenos have requested that Allstate provide them “a defense and indemnity under the policy,” but Allstate claims it is “not obligated to provide coverage under the policy for any injury or damages claimed by Najera (Ramon’s wife) in the underlying lawsuit.”

Allstate’s lawsuit states that the company issued a house and home policy to Carlos Moreno, Christian’s father, for April 23, 2022, to April 23, 2023, for the home in the 2800 block of Depla Street, where the dog attack occurred, according to lawsuit documents.

Allstate argues that Carlos and his spouse are the only insured person(s) under the policy, as they are the only people named on the documents.

Christian and Abilene “do not qualify as ‘insured persons’ under the policy,” the lawsuit states.

The dogs who attacked Najera and his wife belonged to Christian and Abilene.

Ramon died from his injuries at the scene and Janie and two others were hospitalized but survived. The Morenos’ dogs were euthanized by San Antonio Animal Care Services shortly after the attack.

Both of the Morenos were arrested and charged with dangerous dog attack causing death and injury to an elderly person.

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