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Common Myths Regarding Equine Insurance - Part 1 of 3

When it comes to equine-related insurance, myths and misconceptions have plagued the horse industry for years.  People fail to read their policies and instead rely on myths, making costly mistakes.  Coverage may be denied because they failed to comply with an important policy condition.  Or, in some cases, people learn that the policy they bought offers no coverage for the problem at hand.

This series will explore 15 of the most common myths surrounding equine-related insurance.  Here are the first 5:

1) “I No Longer Need Liability Insurance Since My State Has Passed an Equine Activity Liability Law.”

As of January 2012, 46 states (all but California, New York, Maryland, and Nevada) have passed laws designed to, in some way, limit or control liabilities in horse activities.  All differ.  None ends liability altogether, and not every incident triggers an equine activity liability law.  The need for insurance remains.

2) “I Don't Need Insurance Because I Make Everyone Sign a Waiver of Liability.”

People who sign these documents sometimes sue.  The success or failure of their lawsuits depends on:

  • whether the applicable state’s law enforces waivers/releases;
  • whether the document was properly drafted; and
  • whether the document was properly signed.

3) “My Homeowner’s Insurance Policy Covers All Liabilities Arising From My Horse-Related Business Activities.”

Standard homeowner’s insurance policies are not business insurance.  These policies almost always exclude coverage if someone is injured in connection with a “business pursuit.”  Equine activities, such as lessons, boarding, or training, could qualify.  By comparison, a commercial general liability insurance is designed to cover business risks.

4) “My Umbrella Policy Covers My Horse-Related Business Activities.”

If your existing insurance policy does not cover “business pursuits,” your umbrella policy might not, either.  Umbrella policies typically increase your policy limits on some or all of your existing insurance.  If you believe that your policy offers coverage for risks beyond your homeowner's insurance, confirm this in writing with your agent or insurance company.

5) “My Horse Got Sick and Had to Be Put Down.  Now I Can Call the Mortality Insurance Company.”

Most mortality insurance policies require “immediate” or “prompt” notice of an insured horse’s injury, lameness, or illness.  Those who fail to comply with these notice requirements risk losing coverage.  Because notice requirements can vary from company to company, read your policy carefully.

Conclusion

Don’t fall prey to myths.  Make sure you are protected.

Categories: Insurance, Liability

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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 over 400 published articles, four books, and has lectured at seminars, conventions, and conferences in 29 states on issues involving law, liability, risk management, and insurance. For more information, please also visit www.fershtmanlaw.com and www.equinelaw.net, and www.equinelaw.info.

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Contact Us - Julie Fershtman

"Julie Fershtman is considered by many to be the nation's leading expert on equine activity liability acts. Her 30-minute presentation for a recent educational webinar on equine activity liability acts for the American Horse Council is available for viewing. Please take a look, here's a link: https://www.youtube.com/watch?v=hCROISSPMJs

Fershtman’s Equine Law Book Wins Fourth National Award

Julie Fershtman’s latest book, Equine Law and Horse Sense, won its fourth national award on May 31, 2021. It was selected to receive a "Finalist" Medal in the 2021 Next Generation Indie Book Awards. 

The 2021 Next Generation Indie Book Awards are presented by Independent Book Publishing Professionals Group, which is the largest International awards program for indie authors and independent publishers. Here’s a link for the complete list of 2021 winners and finalists: https://www.indiebookawards.com/winners.php?year=2021 

Fershtman’s Equine Law Book Receives Third National Award

Julie Fershtman’s book, Equine Law & Horse Sense, published by the American Bar Association, has been selected to receive a 2020 NYC Big Book Award in the category of “Reference” books.

The NYC Big Book Awards draws nominations world-wide. This is the third award for Fershtman’s book since its publication last year. Here is a link for more information, and to see the list of winners: https://www.nycbigbookaward.com/2020winners

Information on the book: https://www.amazon.com/gp/product/164105493X/ref=dbs_a_def_rwt_hsch_vapi_taft_p1_i0

Equine Blog Ranked in Feedspot

Foster Swift's Equine Law Blog was ranked #8 in Feedspot.com's "15 Best Equine Law Blogs and Websites".

Upcoming Speaking Engagements

In 2022, Julie Fershtman is scheduled to be a speaker on equine liability at these conventions:

Fershtman’s Equine Law Book Receives Second National Award

Julie Fershtman’s book, Equine Law & Horse Sense, published by the American Bar Association, has been selected to receive a 2020 NYC Big Book Award in the category of “Reference” books.

The NYC Big Book Awards draws nominations world-wide. This is the third award for Fershtman’s book since its publication last year. Here is a link for more information, and to see the list of winners: https://www.nycbigbookaward.com/2020winners

Information on the book: https://www.amazon.com/gp/product/164105493X/ref=dbs_a_def_rwt_hsch_vapi_taft_p1_i0

Honors & Recognitions

Equine lawyer, Julie Fershtman, has received these prestigious equine industry awards from respected equine organizations:

"Excellence in the Advancement of Animal Law Award" - American Bar Association Tort Trial & Insurance Law Section Animal Law Committee

"Distinguished Service Award" - American Youth Horse Council

"Industry Service Award" - Michigan Equine Partnership

"Catalyst Award"- Michigan Horse Council

"Outstanding Achievement Award" - American Riding Instructors Association 

"Partner in Safety Award" - American Riding Instructors Association 

"Associate Service Award" - United Professional Horseman's Association

"National Partnership in Safety" Award" - Certified Horsemanship Association 

Some of our Equine Law Services

Handling breach of contract, fraud/ misrepresentation, commercial code, and other claims involving equine-related transactions including purchases/sales, leases, mare leases/foal transfers, and partnerships.

Litigating a wide variety of equine-related disputes in court or through alternative dispute resolution (arbitration, mediation, facilitation).

Defending equine/farm/equestrian industry professionals,  businesses, and associations in personal injury claims and lawsuits.

Drafting and negotiating contracts for boarding, training, sales, waivers/releases, leases, and numerous other equine-related transactions.

Representing and advising insurers on  coverage and policy language as well as litigation;

Advising equine industry clubs and associations regarding management, rules, bylaws, disputes, and regulations.

Representing some of the equine industry's top trainers, competitors, stables, and associations.

Counseling industry professionals, stable managers, and individual horse owners. 

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, US Hunter/Jumper Association Annual Meeting, Midwest Horse Fair, Equitana USA, US Dressage Federation Annual Meeting, North American Riding for the Handicapped (now PATH International) 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 directly.

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