By Julie I. Fershtman, Foster Swift Collins & Smith PC
Every year you write the check to your insurance agent, fully expecting that you're covered for liabilities arising from your horse-related activities. But what if a claim or lawsuit is brought against you, and, to your surprise, you discover that you’re not covered for it?
Here are some equine liability insurance coverage surprises that people have experienced over the years. With careful planning, you can make sure that they never happen to you.
Injuries To Horses In Your Care, Custody Or Control
Even if a boarding stable protects itself by purchasing commercial general liability insurance, it might still be uninsured against a foreseeable risk – the risk of a horse becoming injured (or worse) at the stable. Why? Liability insurance policies typically exclude coverage for claims involving damage to or loss of personal property belonging to others in the stable’s care, custody, or control. In the eyes of the law, horses qualify as “personal property.”
By comparison, equine insurance companies offer extra insurance to fill this coverage gap. For additional cost (depending on the type and extent of coverage you buy), insurers will sell specialized coverage commonly known as a “care, custody, or control” endorsement to add to a stable’s existing commercial liability insurance policy. This endorsement offers coverage for claims against the stable involving injury or damage to boarded horses.
Coverage For Injured Workers
For equine business operators who have employees, commercial general liability insurance is rarely enough, especially because these policies often have "employee exclusions," which prevent coverage for claims brought by injured employees.
Equine business operators too often jump to conclusions and wrongly assume that their workers are "independent contractors," not employees, and that that they need no worker’s compensation insurance. That can be a costly mistake. As a matter of law, "independent contractors" might very well be employees, and the equine business could find itself with no coverage against an injured worker’s claim. Make no assumptions; secure knowledgeable advice based on your situation.