Prior to her sentencing, Danielle Henderson, 34, told the court she “didn’t raise my animals to be that way.” Credit: Shutterstock / Roman Motizov

Insurance giant Allstate has filed a lawsuit arguing that it’s not required to cover damages from the headline-making dog attack that killed an 81-year-old San Antonio veteran in February.

In a petition filed in U.S. District Court in San Antonio, the Chicago-based insurer said it shouldn’t forced to pay out because the dog-owners who lived in the house at the time didn’t own the property.

In February, 81-year-old Ramon Najera Jr. was killed by two American Staffordshire Terriers while visiting a friend’s house on the West Side. The attack, which also injured two other people, prompted an ongoing community debate about San Antonio’s dangerous dog problem.

The dogs, which were euthanized, belonged to Christian Alexander Moreno and his wife Abilene Schnieder Moreno. Both were arrested and charged with causing a dangerous dog attack that resulted in death and injury to an elderly person — a felony.

Following the attack, Najera’s wife, Juanita Najera retained high-profile personal injury attorney Thomas J. Henry and filed a $1 million wrongful death suit against the Morenos. The suit also named Carlos Moreno, Christian Moreno’s father, who owned the home in which they’d been staying.

In its court filing, Allstate argues that although Carlos Moreno held a homeowners insurance policy with the company, his son and daughter-in-law don’t qualify as “insured persons.” Furthermore, Allstate maintains that its policy doesn’t cover any person keeping animals on an inured property without the owner’s permission.

If the U.S. District Court rules in Allstate’s favor, the insurer won’t be required to make a payout in event the widowed Najera is successful in her suit. That would leave Christian Alexander Moreno and Abilene Schnieder Moreno stuck with the financial liabilities.

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