Equine Law Blog
The scenario is unfortunate: A boarded horse becomes seriously injured while at the stable and must be euthanized on recommendation of the veterinarian. The loss might have resulted from a freak accident, such as a broken leg from the horse’s long-time pasture buddy who inflicted a strong kick at the wrong spot. The demised horse was not insured with equine mortality insurance.
If the stable has liability insurance that responds to claims involving losses to horses in the stable’s care, custody, and control, can the horse’s owner submit a claim to recover his horse’s value?
Don’t count on it. A stable’s liability insurance is not designed to fully compensate horse owners for every possible horse injury for a couple of reasons.
First, horse owners must prove that the stable was negligent in its care of the boarded horse. Stable liability insurance policies require the horse owner to prove that the insured boarding stable is “legally obligated to pay” for a particular loss.
Second, even if the claim were payable, stable liability policies sometimes impose caps on what an insurer can pay a claimant on a valid claim.
Horse owners seeking protection against the loss of their horses should consider protecting themselves by purchasing equine mortality insurance along with major medical insurance. Your insurance agent can discuss these and other coverages with you.
ShareholderJulie Fershtman is considered to be one of the nation's leading attorneys in the field of equine law. She has successfully tried equine cases before juries in four states. A frequent author and speaker on legal issues, she has written ...
