Legal Aspects of Horse Management

 

 

Lesson Three

 

 

 

 

Insuring Against Liability

 

     In Lesson One, we learned about some of the common situations that can result in liability for equine professionals, and in Lesson Two, we learned what to do to prevent liability.  However, despite the most careful planning, accidents can happen, which is why you, as an equine professional, need insurance.

 

 

Types of Insurance Designed for Equine Professionals

 

     The array of insurance options can be intimidating, and of the many different types of coverage available, only some choices may be appropriate for you. When evaluating insurance products, consider what risks you have for liability and loss, and then match those risks against the types of coverage available.

     The following are the most common types of insurance available for equine professionals:

 

 

Care, Custody and Control

 

Target audience: Boarding stables, breeding farms, trainers and other commercial equine operations which take on the responsibility of caring for others’ horses.

 

Typically covered: Risk of loss or injury to another person’s horse in your care.

 

Not typically covered: Risk of loss or injury caused by horses in your care, loss or injury to your own horses.

 

Example:  Clara Clueless, the owner of Clueless Arabians, is always looking for ways to make her ranch profitable.  She decided to take in outside mares for foaling out, figuring that she has to be up all night with her own mares, so it is really no extra trouble to have a few more.

     Clara posted ads at the feed store and on the local Internet bulletin board.  Before she knows it, she has 20 mares coming in, and she is delighted!  Clueless Arabians already had care, custody and control insurance to cover her boarding business, so Clara called up her agent and expanded the coverage to include this new sideline.

     The foaling went well, and during January and February, Clara helped deliver 15 foals, including five out of her own mares.  By late March, Clara is exhausted from all of the late nights and hard work.  Impressively Expensive is one of the mares yet to foal and she has been living the good life in a huge foaling stall deep with shavings.  Clara is so tired from staying up all night with the mares that she forgets to check Expensive’s waterer.  The waterer malfunctions and Expensive spends a day without water, causing her to colic and die.  If Clara is held responsible for Expensive’s death and the death of her foal, Clara’s care, custody and control insurance will most likely cover the claim, minus Clara’s deductible.

 

 

Commercial Equine Liability

 

Target audience: Horse-related businesses, including boarding stables, breeding farms, trainers and sales barns.

 

Typically covered: General liability relating to operating your equine business.

 

Not typically covered: Risk of loss or injury to another person’s horse in your care.

 

Example:  After coming to see their poor horse, Impressively Expensive’s owners storm out to their truck in a huff and roar off down the driveway, but they don’t get far.  Unfortunately, Clara’s son, Cliff Clueless, had been fixing the shavings shed the day before and left a bunch of nails in the driveway.  Oops!  Expensive’s owners now have six flat tires on their truck (it’s a dually) and they are raging mad.

     Fortunately, Clara’s general commercial liability insurance will probably cover the loss, but she will have to pay the deductible.

 

 

Farm and Ranch Policies

 

Target audience: Farm and ranch owners

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Typically covered: Loss to real and personal property. 

 

Not typically covered: Loss of livestock, general liability.

 

Example: Big Thang now has a huge training barn.  While he is showing at the Quarter Horse Congress, thieves steal the entire contents of his tack room as well as the hot walker (they had plenty of time to dismantle it) and even some pipe panels.  They also steal Thang’s senior stallion, BT Wild.  Fortunately, Thang’s farm and ranch policy will most likely cover the tack, hot walker and pipe panels, minus the deductible.  However, the ranch policy will not cover the loss of BT Wild.

 

 

Workers’ Compensation

 

Typically covered: Injuries to employees incurred as part of their job.

 

Not typically covered: Losses caused by your employees.

 

Example: Because Big Thang’s hotwalker was stolen, his assistant trainers, including Wanna Bee, are now cooling out their own horses.  Wanna Bee’s mount, BT Running Wild, spooked at a leaf and promptly dumped Wanna Bee, leaving her with a broken arm.  Wanna Bee’s injury would most likely be covered by workers’ compensation insurance. 

 

 

Types of Insurance Specifically for Horses

 

Mortality and Theft

 

Target audience: Owners of valuable horses.

 

Typically covered: Theft and death not caused by the owner’s negligence or willful misconduct.

 

Not typically covered: Death caused by the owner’s negligence or willful misconduct.

 

Example: Fortunately for Big Thang, he had taken out a mortality and theft policy on BT Wild before BT was stolen.  However, BT apparently proved to be too much for his captors to handle.  Under cover of darkness, BT’s captors left him tied to a tree in the parking lot of the local highway patrol outpost.  The tree was really a sapling, and BT, who had always had a bad habit of pulling back, uprooted the tree and wandered around the parking lot dragging a tree from his lead rope until a surprised patrolman found him the next morning.

     Big Thang had filed a police report of the theft, so BT and Big were quickly reunited.  After hearing about the tree, Big decided that it was time to cure BT’s pulling problem once and for all.

He fitted BT with a “necktie,” then tied the rope to a stout post sunk in concrete.  A mare in season walked by and BT pitched a fit, bellowing and pawing.  He pulled back violently against the necktie and nothing broke, which really sent him into a frenzy.  The rope around his neck drew tight and he choked to death!

     Big Thang was stunned.  He called his insurance company, which refused to pay the claim, noting that Big’s negligence was responsible for BT’s death.

 

 

Major Medical and Surgical

 

Target audience: Owners of valuable horses.

 

Typically covered: Certain types of surgery and other expensive medical procedures.

 

Not typically covered: Routine medical procedures.

 

Example: Clara Clueless was very pleased with the foal crop from her stallion Fire.  She chose to keep several of the foals as show prospects, so she decided to take out mortality and major medical policies on them, knowing how accident-prone young horses can be.

     One young colt, Hell Fire, managed to get his front leg stuck in the pipe corral fencing, opening up a huge gash that required stitches.  Clara was relieved that her vet bill would be covered by her major medical insurance.  While the vet was treating Hell Fire, he mentioned that Clara should vaccinate all of her horses against Strangles.  She called her insurance company to ask whether that would be covered under her major medical policy (it sure sounded like a major expense to her!), but they declined, noting that vaccinations are a routine medical procedure.

 

 

Loss of Use

 

Target audience: Owners of valuable, money-earning performance horses.

 

Typically covered: Permanent disability.

 

Not typically covered: Temporary disability, death.

 

Example: Big Thang entered one of BT Wild’s colts, BT Sliding Wild, in the NRHA futurity.  The colt has already made BT $5500 in total earnings at regional futurities, so BT is excited about his prospects at the nationals, and decides to take out mortality and theft insurance on the colt.

     While BT was on the phone with the insurance agency, they also sold him loss of use insurance.  Two weeks before the nationals, Sliding Wild bowed a tendon.  BT is disappointed, but then remembered his loss of use insurance.  He called his insurance agent to file a claim.  BT pointed out that the colt can’t compete in the futurity, which will affect his marketability as a sire, and it is also too late to apply for a refund of the several hundred dollars BT has paid in entry fees.

     The insurance company denied BT’s claim, noting that a bowed tendon, regardless of the unfortunate timing, is a temporary disability.

 

 

Stallion Infertility

 

Target audience: Breeding stallion owners.

 

Typically covered: Permanent loss of fertility/breeding ability.

 

Not typically covered: Death.

 

Example: Clara Clueless had a very successful breeding season with her stallion Fire.  She had been using live cover, but because Fire had suffered a few kicks and bites as a result of his lack of bedside manner, she decided to try A.I. for the next breeding season.  Clara read some articles on the Internet about phantom training and ordered a breeding phantom for Fire.  Three weeks later, the breeding phantom arrived in several boxes.

     After some effort and a few choice words, Clara assembled it and led Fire out to the breeding shed.  Fortunately for Clara, Fire had already been trained to the phantom, so he knew what to do.  However, Clara had apparently not assembled the phantom properly, and it collapsed, injuring Fire.

     The vet informed Clara that Fire will recover, but instructed her not to breed him for the rest of the breeding season to allow a full recovery.

     Clara’s insurance company denied her claim for stallion infertility, pointing out that the infertility or loss of breeding ability must be permanent.

 

 

Named Perils Coverage

 

Target audience: Horse owners who don’t want (or can’t get) coverage under mortality or major medical coverage.

 

Typically covered: Death from certain causes, e.g., fire.

 

Not typically covered: Death from illness.

 

Example:  While at the Congress, a horse that Big Thang was exhibiting tested positive for fluphenazine.  After an inquiry, Thang was suspended from the AQHA and could therefore no longer exhibit horses at AQHA approved events.

     As a result, Big Thang’s business dropped off precipitously.  Looking for ways to economize, Big Thang decided to drop mortality and theft insurance on most of his horses and insure them against death by fire and flood instead.  Big Thang’s ranch was located in a flood zone, and as a result of his AQHA suspension, he’d received a number of threats along the lines of “I’ll burn yer barn down, ya cheatin’ crook!”.

     Although Thang had been suspended from the AQHA, his membership in the APHA was still in good standing (at least for the time being), so he took several clients’ Paint horses to a winter circuit in Arizona.  While he was gone, a nasty viral infection swept through his barn and several valuable horses died.

      Because the deaths were not related to the specific causes covered by Big Thang’s named perils policy, his insurance did not cover his loss.

 

 

Short-term Transit Coverage

 

Target audience: Horse owners hauling their horses on a short-term basis who don’t have mortality or major medical coverage.

 

Typically covered: Death during transit.

 

Not typically covered: Injuries during transit.

 

Example: Even though his trip to the winter Paint circuit yielded some big wins and some new clients, Big Thang was still strapped for cash, so he decided to reduce his herd to help pay some of his bills.  BT Sliding Wild’s bowed tendon has completely healed, and he is now back in training.  Big Thang reluctantly advertised him for sale on the Internet.

     Milton Megabucks, now recovered from his concussion, has developed a keen interest in reining.  He saw the ad for BT Sliding Wild and bought him sight unseen, thrilled at the prospect of owning a colt trained by a big-time trainer like Big Thang.  He made all of the arrangements for transportation and noticed that the hauler’s contract limited the hauler’s liability to the amount of the transport fee, which was $1500.

     Milty had just forked over $50,000 for BT Sliding Wild, so he decided to insure the colt.  His insurance agent asked for documentation of the colt’s purchase price and show record, which Milty didn’t have.  The hauler was picking up the colt the very next day and Milty knew it would be impossible to round up all of the documentation by then, so the insurance agent offered Milty short-term transit coverage for the colt.

     At Megabucks Acres, Milty’s new ranch, BT Sliding Wild stepped off the trailer, just as advertised.  Milty put him out in a paddock to stretch his legs.  While Milty was signing the receipt for the hauler, BT Sliding Wild, a little stir crazy from his long trailer ride, jumped the paddock fence and ran out onto the road, where a speeding pickup truck ran into him.

     Because the death occurred after the horse arrived at his destination, Milty’s short-term transit insurance would not cover the loss.

 

 

Types of Insurance for Horse Owners

 

Horse Owner Liability

 

Target audience: Individual horse owners concerned about being liable for their horse’s actions.

 

Typically covered: Injuries or property damage caused by your horse

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Not typically covered: Business activities relating to your horse.

 

Example: Clueless Arabians had grown to 15 horses and Clara decided that she needed help training them, so she hired Willy Showman, a well-known (some would say notorious) local trainer.

     Willy talked Clara into letting him board his horses at Clueless Arabians.  At his last barn, Willy was a named insured on the barn’s care, custody and control policy, so the only insurance he kept was a horse owner liability policy on Unpredictable, his stallion, who has a nasty biting habit, and Old Reliable, his lesson horse, who has no bad habits at all.

     During a lesson at Clueless, Old Reliable stumbled and went down to his knees, unseating his young rider, I.B. Whiny, who suffered a broken leg.

     A veterinary examination revealed that Old Reliable only has about 20% of his normal eyesight, and I.B. Whiny’s parents, being the litigious sort that they are, sued Willy for the hospital bills and pain and suffering.  Willy’s horse owner liability insurer would not pay the claim, noting that Willy was using the horse in a commercial transaction.

 

 

Race Horse Owner Liability

 

Target audience: Race horse owners.

 

Typically covered: General liabilities associated with race horse ownership.

 

Not typically covered: Injury/loss of the horse, liability associated with activities that are more than mere ownership.

 

Example:  Milty Megabucks, fresh from his misfortune in the reining world, decided that he should invest his money in racehorses, where he’d heard “the real money in horses is.”

     After shopping around with some help from Dewey Cheatham, the local racehorse broker, he settles upon a partial interest in Ripsnorter, an unproven two-year-old stallion.

     Milty has learned the value of insurance, so he took out major medical and mortality policies as well as a racehorse owner’s liability policy.  During the colt’s maiden race, he jumped into the grandstand and injures several spectators.  Fortunately for Milty, his policy covered the damages.

 

 

Riding Clubs and Other Groups

 

Target audience: 4-H clubs, pony clubs and other horse-oriented clubs that host mounted activities

 

Typically covered: Injuries, losses and property damage that occurs during club activities.

 

Not typically covered: Contractual and other disputes relating to club events.

 

Example:  Milty Megabucks’ daughter, Millie, has developed an interest in horses.  Delighted, Milty finds a suitable mount with help from Pricey Ponies, and enrolls Millie in Pony Club.

     Not one to be an absentee parent, Milty attends all of the Pony Club meetings with his daughter.  Upon learning that the Pony Club planned to have a rally, Milty expounded at great length upon the value of insurance (much to the boredom of the Pony Club members), and persuaded them to take out a group policy for the club.  At the rally, several riders go off course and right through a neighboring farmer’s tomato crop.

     Fortunately, the group insurance policy covered the property damage caused by the off course riders.

 

 

Shows and Events

 

Target audience: Operators of horse shows, clinics and other events.

 

Typically covered: Injuries, losses and property damage resulting from club activities.

 

Not typically covered: Contractual and other disputes relating to events.

 

Example:  Clara Clueless is an active supporter of her local Arabian horse club, and she offers to host the spring show at Clueless Arabians.  Delighted at the opportunity to have their show at such a world-class facility, the club eagerly accepts Clara’s offer.

     Now a little paranoid, Clara consults with her insurance agent, who points out that horse shows are specifically excluded from Clueless Arabians’ commercial liability policy.  Of course, he is only too happy to sell her coverage for the horse show, and she names the Arabian horse club as an additional insured.

     Much to Clara’s embarrassment, her stallion, Fire, somehow manages to escape from his stall during the show and runs loose through the show grounds, trampling two small children.  Fortunately, the additional coverage that Clara had just purchased will cover the hospital bills for the children.

 

 

Shopping for Equine Insurance

 

Comparing Different Policies and Coverage

 

     Just like shopping for car insurance, it pays to shop around for equine insurance.

     Once you have determined what coverage you need, identify several insurance agencies offering that coverage. Make sure the insurance agencies and agents you choose are licensed to do business in your home state and have no disciplinary history.

     Ask your insurance agent what company will be underwriting your policy and look for insurers rated A- or better for financial strength by an independent ratings agency.

     You can check agencies’ licensing status and disciplinary history through your state’s insurance commissioner, and many states, including California, offer this information online.

     To check an insurance underwriter’s ratings, refer to a ratings agency such as A.M. Best Company (www.ambest.com).

     After identifying suitable insurance agencies, obtain price quotes for each type of coverage. Obtaining quotes from two or more insurance agencies allows you to compare costs and coverage. Make sure that you have a chance to evaluate the coverage offered before committing to buy a certain policy – some companies require you to provide credit card information to obtain a quote.

     Once you have the quotes, how do you evaluate the coverage?  Cheaper is not necessarily better – you may save on premiums, but you will lose if the insurance doesn’t provide coverage when you need it.

     You may find that it is more economical to have more coverage, but with a higher deductible.  Read the terms of your coverage very carefully, especially the exclusions.

 

 

Care, Custody and Control

 

Preliminary Consideration:  Does the policy cover claims brought against you and your facility for negligence?  If not, cross that policy off of your list!

 

Coverage Limits:  Consider how many horses you have at your facility, and how much each of them is worth.  Your per occurrence coverage limit should be at least as much as the amount that the most expensive horse on the property is worth (Murphy’s Law dictates that the $100 pony will never be injured, but the $50,000 reining horse will find the one nail on your 100 acres, and step on it).

     Your total coverage limit should be at least as much as the total of what all of the horses on your property are worth.

 

 

Commercial Equine Liability

 

Preliminary Consideration:  Does the policy cover claims brought against you and your facility for negligence?  If not, cross that policy off of your list!

 

Coverage Limits:  In this litigious era, you should have coverage of at least $1M per occurrence and $3M in the aggregate.  Anything less will not likely cover a catastrophic injury on your property.  Note that the coverage limit is not dependent upon the size of your facility, or the type of activities you are conducting.  Even if you have a small backyard boarding operation, it is still quite possible for someone to be seriously injured on your property, and you should assume that anyone, even your oldest and dearest friends, will sue you for everything you own.

 

 

Farm and Ranch Policies

 

Preliminary Consideration:  Think about where you live – what types of natural disasters have occurred there in the past 100 years?  It may be cheaper not to get flood insurance or earthquake insurance, but how will you value that insurance after the flood or earthquake?  Consider having a policy with broader coverage limits and a higher deductible.

 

Coverage Limits:  Add up what it would cost you to replace everything on your farm – structures, livestock and equipment.  Your policy limits should be no less than that amount.

 

 

Workers’ Compensation Insurance

 

     In general, the amount of workers’ compensation coverage that you need is a matter of state law – call your state’s department of labor for more information.  Most states have this information posted on their websites, and if not, it should be readily available by phone.

 

 

Equine Mortality and Theft Policies

 

Coverage Limits:  Determine what it would realistically cost you to replace the horse(s) you want to insure.  Your coverage limits should be at least that amount.  If your $50,000 show jumper dies of colic, you will be glad that you went through the hassle of obtaining an appraisal and vet check.  Most insurance companies do not require an appraisal or vet check for horses worth less than $20,000. 

 

 

Major Medical and Surgical Policies

 

General Considerations:  Many insurance companies are currently offering a certain amount of colic surgery coverage or major medical coverage included in their mortality policies.  However, it is worth your while to find out what the average colic surgery in your area costs – it may be much more than the amount of the “free” surgery insurance included in your mortality policy.

 

Coverage Limits:  As noted, find out what the average surgical stay costs at your area equine hospital.  Assume the worst, and budget for it.  As with other types of coverage, it is usually better to have broader coverage and a higher deductible – that $1,000 deductible may be painful when you have a major expense, but if your horse has surgery and a hospital stay that costs $20,000, you will be happy to have that coverage.

 

 

Loss of Use Policies

 

General Considerations:  Read your policy – most loss of use policies pay out only a portion of the horse’s value.  The definition of loss of use varies, and your insurance company may require you to give up possession of your horse in order to receive payment on a loss of use claim.  In light of these facts, consider whether the cost of this type of policy is justified for your horses.

 

Coverage Limits:  As noted, loss of use policies do not typically pay out the entire value of your horse.  Therefore, in evaluating whether this type of insurance is appropriate for your horse, balance the potential payout against the true economic loss that you would suffer and the cost of the premiums.

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