Legal Question in Product Liability in Virginia

I purchased a puppy in September of this year from a pet store in the mall. the pet store went over paper work with us that stated that the puppy was up to date on vaccinations, and that it had been treated for an upper respiratory infection and it was cleared by the Vet that services their animals. Before leaving we purchased insurance from Petmax Health Protection Inc. to make sure we would be covered for any surprise illnesses. The following day we took the puppy to the vet for the first check up. The vet found parasites, and ordered treatment, the next day I took the puppy back because it was struggling to breath. The puppy was diagnosed with pneumonia treatment was ordered and puppy was hospitalized and put into quarantine. to make a long story short the cost of all this treatment was horrendous. well over $4500.00 We filed with petmax, and in turn we received a check for $95.00 and a letter stating that the vet services were not covered. I'm kind of at a lost and don't know which way to turn next. Your help or input is appreciated.

Asked on 10/29/12, 7:42 am

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Two questions:

1. Was there fraud/misrepresentation regarding the medical/physical condition of this puppy in any of the paperwork presented to

you by the pet store or oral statements its agents may have made to you?

2. Has the Petmax insurance policy been sufficiently scrutinized to support

the insurer's contention that supposedly vet services were not covered

by this policy?

If the answers to the above are clearly no and yes, then you are likely without recourse.

However, if one or both of the answers to these questions are the opposite or you are unsure, then you should arrange for a consultation

with a local attorney who handles consumer affairs matters to review

the documents involved with the purchase of the dog and the insurance and the relevant facts connected with these transactions and who then should be able to advise you, accordingly, on an appropriate course of action.

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Answered on 10/29/12, 8:17 am

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