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Showing 42 posts in Insurance.

Half Lease - Whole Problem

The words “half lease” seem unique to the horse industry. In law school, this lawyer never heard the phrase mentioned, and the authoritative legal dictionary, Black’s Law Dictionary, nowhere mentions it. Yet, people in the horse industry, with greater frequency, are entering into arrangements they call “half leases” through which one or more persons (the “lessees”) pay a horse owner (the “lessor”) for shared use of the horse. “Half lease” arrangements might seem budget-friendly, but without careful planning, they could be quite the opposite as disputes could follow. Read More ›

Categories: Contracts, Insurance, Lawsuit, Liability

I’m Not a Boarding Stable, BUT …

A backyard horse owner named Jane boards a few horses during the winter. Jane’s facility has box stalls and an indoor arena, making it desirable during the snowy winter months where Jane lives. Jane doesn’t view her activities as a business. She views herself as earning some extra money and helping friends.

What could go wrong? Plenty. Read More ›

Categories: Boarding, Contracts, Insurance, Liability

What You Wish You Considered for Your Equine Lease

Equine lease transactions have become increasingly popular. Surprisingly, some people continue to lease horses merely on a handshake or use very short lease agreements, only to encounter costly problems later. Over the years, several people who have contacted us with equine lease disputes wished their contract had been more detailed. Detailed contracts can help avoid disputes, which can save very substantial amounts of money.

Recognizing that equine lease transactions differ, here are a few items to consider: Read More ›

Categories: Contracts, Insurance

What to Consider Before Organizing an Equine Event

Your club or association wants to organize a horse show. Or, your club wants to hold a clinic and invite a nationally known trainer to offer tips on training, showing, or horsemanship skills to members and guests, many who bring horses to the event. These events, your group believes, will boost publicity, increase membership, and generate extra money.

Things can go wrong, however. Is your club prepared for these: Read More ›

Categories: Insurance, Lawsuit, Liability

Legal Aspects of Boarding at a Friend's Barn

Cindy and Sam have been long-time friends and once rode together. Now, as Sam recovers from a serious illness, his barn has been empty. He once enjoyed looking out at the horses in his pasture. He approached Cindy with an offer to stable her horses on his property for free, as long as she takes care of her horses at her own expense.

People sometimes enter into arrangements like this, but what are the legalities? What can Cindy and Sam do to protect themselves? Read More ›

Categories: Boarding, Insurance, Liability

What to Consider Before an Equine Professional Does Business on Your Property

An elderly widow lives alone on the family farm. The horse barn has been empty since the children moved out. Recently, an equine professional asked to rent the horse facility to run a boarding, training, and lesson business. Should this arrangement proceed?  Read More ›

Categories: Contracts, Insurance, Liability, Zoning & Land Use

Surprise! You're an Equine Professional

You have a full-time job, or you're a student. But you also have a horse in the barn. Wouldn't it be nice to make money from the horse? What if you offered riding lessons on the weekends or did some "moonlighting" as an instructor to generate extra cash? You may think your part-time business activities are a mere hobby, but the law might say quite the opposite. Read More ›

Categories: Contracts, Insurance, Liability

What You Didn't Know About Liability Insurance

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. Read More ›

Categories: Boarding, Employment, Insurance, Liability

What You Didn’t Know About Equine Insurance

You’re about to apply for equine mortality insurance on your new horse. What you might not know is that these policies are unique, and some features of this type of insurance might surprise you. For example: Read More ›

Categories: Insurance

Liability Insurance Coverage – More Affordable Than You Think

Question: Should a riding instructor with a small clientele forego purchasing a policy of liability insurance merely because her business is small?

Answer: Definitely not. Even the smallest business operator is at risk of litigation if a student is injured. Never assume that your state's equine activity liability act (if you're in one of the 46 states with such a law) will protect you from everything, and never assume that people who sign liability releases won’t sue. Read More ›

Categories: Insurance, Liability

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Our Equine law blog (and its author) in the news!

Julie Fershtman, author of our popular and prolific Equine Law Blog, was interviewed this week by the State Bar of Michigan. The interview, which called Fershtman "Lawyer-Blogger," discussed our Equine Law Blog. We truly believe that this blog is the nation's most active blog serving the equine industry on equine law topics, and we thank you for visiting it. Read more here.

Honors & Recognitions

Congratulations, Julie! We're proud to share that Julie Fershtman has received two prestigious awards.

On April 13, 2013, she received the American Youth Horse Council's 2013 "Distinguished Service" Award. As the award itself states, she received it "[i]n recognition of years of dedicated service to the American Youth Horse Council and tireless efforts to touch the lives of youth involved with horses." For more information about the American Youth Horse Council, please visit www.ayhc.com/.

On May 7, 2013, Julie received the 2013 "Industry Award" from the Michigan Equine Partnership for her work over the years supporting legislation to promote and protect the Michigan equine industry. For more information about the Michigan Equine Partnership, please visit www.miequine.com/.

RECENT EQUINE LAW COURTROOM VICTORY

We're pleased to share that Julie just won a case in Michigan where she defended a boarding and training stable that was sued by a visitor who was injured in the barn aisle. Julie cautions that this case might have been avoided altogether if the stable required every visitor to sign its waiver/release of liability. (Julie, interestingly, drafted that stable's release document years ago but the stable only presented it to customers.) Make sure that your release is well-worded and complies with the laws of your state.

Other Articles

"The Seller's Contract Includes an "As Is" Disclaimer – Now What?" - Desert Mirage Magazine, August 2013

Win Equine law Books!

We're always on the lookout for good article and update ideas for the Equine Law Blog. Please share yours! We'll give the sender of best tip of the month a free copy of Julie Fershtman's books, EQUINE LAW & HORSE SENSE and MORE EQUINE LAW & HORSE SENSE. Click here to send your ideas. [For more info on these and other publications written by Julie Fershtman, please visit www.equinelaw.net and www.equinelaw.info or call her directly at (248) 785-4731.]

Large Step Forward for the Horse Industry

We applaud the American Horse Council (www.horsecouncil.org) for its national marketing initiative for the horse industry. The AHC joined together ten national associations and large corporate industry stakeholders to make this happen. We await its marketing plan, which will propose ways to help people become more interested in horses and equine activities, either as participants or spectators.

THE NATION'S MOST SOUGHT-AFTER EQUINE LAW SPEAKER

Did you know Julie Fershtman has spoken at the American Horse Council Annual Meeting, Equine Affaire, Midwest Horse Fair, Equitana USA, US Dressage Federation Annual Meeting, North American Riding for the Handicapped (now PATH International) Annual Meeting, American Morgan Horse Association Annual Meeting, American Paint Horse Association Annual Meeting, US Pony Clubs, Inc.'s Annual Meeting, All-American Quarter Horse Congress, American Youth Horse Council Annual Meeting, American Riding Instructors Association Annual Meeting, CHA Annual Meeting, and numerous others? Consider signing her up for your convention. Contact Julie.

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Follow us for updates regarding news, cases, disputes, and issues regarding Equine Law. @horselawyers