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i agree 100% with the insurance companies choice. Basically the owner of Jake is stating they were negligent on a regular basis by letting him roam free. As BM said someone else could have been killed too by the driver trying to avoid the dog. And as far as i know, unless crossing at a crosswalk a human is responsible for damages if they jaywalk and cause an accident. Drivers have to take tests, then pay yearly for the right to use roads, i'm sure most drivers would try to avoid hitting anything, but shouldn't be punished if a human or animal runs into their path.
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