Shaffer v. Nebraska Dept. of Health & Human Servs.

Nebraska Advance Sheets 740 289 NEBRASKA REPORTS she testified that she would have sought veterinary care if D.J. became sick. Van Kleek alone exercised control over D.J.’s position relative to the outside world. That she did not breach a duty of care by, for example, carelessly leaving the gate open or bringing D.J. into “the public domain where third parties reside,”35 does not mean that she owed no duty. CONCLUSION Van Kleek was an insured under the policy because she was “legally responsible” for the Chapmans’ dog. As an insured, the unambiguous terms of the policy exclude cover- age of…