Le Mars Mutual Insurance Co. of Iowa v. Bonnecroy

SCHULTZ, Justice.

The sole issue involved in this appeal is whether section 351.28, The Code 1977, establishes liability for a dog owner for damage caused by the nonmischievous, nonvi-cious acts of a dog. This issue arose from an accident involving an automobile owned by Henry and Susan Bents and a dog owned by the appellee, Robert Bonnecroy. The appellant, Le Mars Mutual Insurance Company of Iowa, paid the Bents’ insurance claim for damage done to their automobile and sued Bonnecroy. The trial court determined that liability attaches to a dog owner only when the dog has done a mischievous or…