Horse Escapes and
Causes Highway Collisions"
Perhaps this headline makes you squeamish because you wonder how the
horse fared against the vehicles. But what about the occupants of those
cars? Were they injured or killed? Who's to blame? In most cases the
person at fault is the owner of the horse or pony that made its way onto
the road and caused the accidents.
"Riders Lose $1,000's in Barn Theft"
Maybe it's the devastating thought of losing the essential pieces of
tack critical to your horse's training that you've spent months and
years saving to purchase, only to have some vandal enter the barn and
swipe your possessions. If it happens on your private home farm, will
your homeowner's policy cover you? If you board at a commercial stable,
will their insurance cover your loss?
"Tragic Fire Claims Lives of 40 Horses"
It goes without saying that every time we hear news of a barn fire,
our thoughts immediately turn to the welfare of the horses inside, but
what happens when it's all over? What if those horses don't make it out
in time and are seriously burned, or even worse, lose their lives? Did
you have a mortality or major medical policy on your horse so that you
will be reimbursed? If not, will the barn (if at fault) be held
responsible for repaying you and others the estimated value of your
horse?
"Child Sustains Life-Threatening Injury When Kicked by Pony"
Who is held responsible and what can you do to protect yourself in
case you find yourself being sued after your bombproof horse, safely
enclosed in his pasture, kicks or bites a trespassing child?
These are all headlines that make horseowners cringe. While we all
(hopefully) take the necessary precautions to ensure that one of these
scenarios doesn't happen to us, one should maintain the mindset of
"never say never" because in today's society anything can and, if
Murphy's Law holds true, will happen.
Are you absolutely positive that your insurance policy will hold up
and pay out should you be sued? Do you know where in your policy it
specifically covers your horses should you keep them at home? Are you
wondering how you can be better protected and what it will cost you?
Then read on while we discuss some of the different insurance policies,
what they cover, who should purchase them and how much they cost.
The Purpose of Insurance
Originally, insurance was designed to protect what you own-your assets.
Did you know that the first type of insurance in the world was written
in Egypt for insuring cargos for people who shipped them on the ocean?
In case something happened en route they could be compensated for their
losses.
We've all heard about people trying to make money off their (or
others) insurance company, but legally insurance is not designed to make
money although people do try.
It's important to know that there are two kinds of insurance-property
and liability. Property insurance protects you in case something happens
to the structures (houses, barns, etc.). You are then compensated by the
insurance company when damage due to fire, wind, earthquake, or another
disaster occurs. Pure liability protects you when you or your company is
legally responsible for anything which you or your employees caused, and
you are sued and can legally be held liable.
What Kind of Insurance Do You Need?
The type of insurance that is best for you depends on various factors.
You need to assess what it is that you do with your horses. For
instance, if you keep one horse at home and it never leaves your
property for a trail ride, horse show or clinic, then you may be covered
under your homeowner's policy. However, it is important that you
specifically ask your insurance provider if you are covered and if so,
where that is stated within your policy. It doesn't hurt to follow that
phone call up with a written, dated letter sent certified mail that on a
specific date you spoke with a specific person and were told that your
one horse was covered under your policy and that you wanted to verify in
writing that this is correct. Keep a copy of the letter you send in case
a problem arises later on.
Personal Horse Owner's Policy
But what if you, like many of our other readers, keep your horse at home
but travel to events? Maybe you keep more than one and aren't sure if
they are even covered under your homeowner's policy. In that case, it
would be wise to check first with your homeowner's policy to see if you
are covered. If not, a personal horse owner's liability policy is
something you should be readily looking into. This is a great addition
even if you are covered under homeowner's because it will give you added
coverage when traveling or stabled at properties other than your own.
This is a huge bonus in the instance of your horse biting another horse,
or worse a human, while out on a trail ride or kicking out and damaging
a parked vehicle or trailer while at a horse show.
And of course, don't forget that even at home, safely behind proper
fencing and latched gates, your horse is still a liability due to
"attractive nuisance" laws. An attractive nuisance is a potentially
harmful object or condition of the land that has the ability to attract
children. Swimming pools, tractors, and in some cases horses qualify as
attractive nuisances. While we can all sympathize with children that
love horses, it is unacceptable for them to enter your barn, fields or
other property to "pet the pony" without your permission and/or
supervision. The personal horse owner's policy will protect you against
potential lawsuits in case a child trespasses and is injured.
While you may be thinking, "Whew, I board my horse at a facility so I
don't need to worry," stop right there! While your boarding facility is
(or should be) properly covered (and we will discuss those types of
insurance later on in the article) you should still consider the
personal horse owner's policy. Why? Well, let's run through this
scenario. Bosco, your frisky Thoroughbred, enjoys his paddock by the
road. He also enjoys kicking up his heels and has been known on occasion
to knock a board down and escape the property. One day he knocks down
that top board and before it's fixed, being a talented jumper, he sails
over the now shorter fence. When it's realized that he is missing a
search party ensues and finds him parading across the neighbor's newly
landscaped yard. While some may accept your offer of helping to re-seed
the lawn or replace the damaged plants, others may not be so kind. You
and the barn could be held liable since the horse was a "known
offender."
So how much will this personal horse owner policy cost you? A few
quotes we received ranged from $150-$250 for the year for up to five
horses. That means that for as little as $12.50 per month you could be
insured for up to $300,000 per occurrence with an aggregate of $600,000.
Of course the more you pay, the more you are covered with up to 1
million over 2 million. Just to clarify, an aggregate is the total
amount for the full year. For example, if you had the 1 million over 2
policy, one claim could be made for 1 million dollars and the aggregate
would provide an additional million dollars in coverage for that year
should an additional claim arise. The maximum amount to be paid for any
one occurance would not be more than 1 million.
Calling All Professionals
It's important to define what professional means before we begin
discussing coverage for them. A professional for the purposes of this
article is someone who is compensated for an activity pertaining to
horses such as teaching, training, boarding, breeding or racing. All
professionals have different circumstances and these will dictate the
coverage that is needed.
The first scenario is the person who owns the farm also owns the
horse business (boarding facility, riding stable, etc.). To ensure
proper coverage, a farm policy package which includes insurance on all
structures including the dwelling, barns, indoor arenas, etc., and
liability protection for themselves personally and as a commercial
business which would include the aforementioned activities would be most
appropriate. It is also important for them to have a care, custody and
control policy. This protects them in the case that negligence leads to
the death or injury of one or more boarded horses. That covers them not
only at the home property listed under their farm policy but also if
they should be hauling the boarded horses to an event away from the
farm. Care, custody and control is important for any barn to have.
Remember accidents and mistakes can happen. Someone new starts working
at the barn and turns your precious (and expensive) Saddlebred mare out
in the paddock along with another mare that is known for being ornery
and aggressive. A fight ensues and your mare is kicked in the shoulder,
resulting in an emergency trip to the nearest equine clinic and months
of rehabilitation. If the farm doesn't have a care, custody and control
policy you could wind up responsible for footing the pricey bill.
The great aspect of care, custody and control is that
it can be purchased separately, which is ideal for trainers that lease a
barn or indoor and don't own the property. While the property owners
should have the appropriate property coverage the trainer will be unable
to insure the property since they don't own it. This policy leaves them
protected in case a mishap occurs due to negligence. The care, custody
and control policy is priced according to the choices that you have in
selecting your limits of the policy. For example, if you value ten
boarded horses at $5,000 each the maximum amount the client will be
reimbursed for one horse is $5,000. The insurance company may also place
an aggregate amount, which is the maximum amount the company will pay in
case of a full loss. It's important to note that money will only be
awarded if the trainer or stable was negligent.
Barns that have high dollar horses will in some cases request that
the client keep a mortality and/or major medical policy on their horses.
Independent trainers and instructors can also purchase their own
insurance policy to protect them. This is primarily for people that do
not own their own farm and who either teach/train at a farm who has a
farm package and/or they teach clients at the client's facility. Some
farms that have a farm package can add an instructor to their policy.
The problem that can arise with this is that it only covers the
instructor/trainer while they are at the farm they are covered under.
It should be mentioned that there are some companies that offer a
mono-line commercial liability policy for individuals that rent a barn
but don't own the property. Be sure to call around and inquire to see if
you can find something of this nature.
Above and Beyond
An umbrella policy is also known as an additional coverage policy
because it goes above and beyond what you have. Large facilities may
also want to look into an umbrella policy if they are uncertain that
their current policy limits will be sufficient if an incident arises
that they need to use it. If for example, you have a limit of 1 million,
an umbrella policy can give you an extra 1-2 million in coverage. When
purchasing an umbrella policy make sure it protects what you think you
are protected for. Individuals with a personal horse owner's policy may
also be interested in pursuing an umbrella policy if they wish to have
more coverage. With more and more claims being made and related to
equine versus vehicle, the damage amounts are rising, especially when it
involves bodily harm to a human. As one insurance agent stated, "There
is no price on human life."
Stolen Goods
While we can take all the precautions we want, on occasion we hear about
tack thefts from area barns. Most farm policies will allow you to list
the items separately with the specific tack and amount that it is worth.
Usually farm policies will cover you for a certain amount of tack
($2,500-$5,000) as a blanket coverage, but let's face it-the backyard
owner with one or two horses probably has more money than that invested
in horse supplies and tack. What are some steps you can take to recoup
your losses should there be a theft in your barn? Keep an inventory of
what you have with pictures to document specific details, save receipts
to help prove the value and put your name on everything.
Purchasing a Policy
There are various companies that one can go through to purchase a
policy. It doesn't hurt to call and get a quote. You will be amazed to
find out that it's not as expensive as you thought for the amount of
coverage you will receive. It always seems difficult to put down money
for something that you hope to never use, but before you have to
experience a claim do yourself a favor and purchase insurance to protect
yourself.
We all know that accidents can happen any time, any place. That's why
they are a called accidents-they were unintentional. What's not an
accident is not having the proper coverage to back you up.