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Showing 4 posts from July 2011.

Equine Insurance Policy Notice Requirements

Imagine the shock of returning from a lengthy vacation only to learn that your horse died at the boarding stable soon after you left, but stable management could not reach you to consent to needed surgery.  Your horse was put down.  Imagine the further shock when your equine insurance company advises you that it has denied your claim because nobody gave it proper or timely notice of your horse’s illness and death.

Equine insurance policies usually require that you give the company (or designated representative) prompt notice of an insured horse's illness, lameness, or injury.  Insurers take these provisions very seriously, and many will deny claims on the basis that they were not given proper notice.  When this happens, litigation sometimes follows. Read More ›

Categories: Boarding, Insurance, Liability

Should You Reduce or Cancel Your Liability Insurance?

When finances are tight, people sometimes consider canceling or reducing their liability insurance coverage. Watch out – this could be mistake.

What is Liability Insurance?

Liability insurance as to equine activities is designed to protect people from certain unintentional situations where someone is injured either on your property, from an act that occurs around your horse (such as a bite or kick), when your horse gets loose, or from acts that occur when someone rides your horse. Read More ›

Categories: Boarding, Insurance, Liability

8 Suggestions for Avoiding Equine Sale Disputes

A few years ago I represented buyers of a horse who were victims of sales fraud.  We took the case to trial, and we won.  The judge even ordered the sellers to pay 100% of my clients’ legal fees.

The facts of the case were not complex.  My clients bought a show horse for their daughter, a novice rider.  In sales literature, the sellers represented this horse, a gelding, as “sound” with “no bad habits” and “ready to show.”  My clients brought their daughter before the sale to test ride the horse, and he behaved beautifully in a chaotic environment with many distractions.  Two days after the purchase, however, the horse showed drastic behavioral changes.  He was unruly and dangerous.  The sellers refused to reverse the sale.  Left with a dangerous, unsound, and unsuitable horse, my clients had no choice but to hire me to help.

The fact is, many sales disputes can be avoided.  Here are eight suggestions for what sellers should not do when selling a horse: Read More ›

Categories: Sales/Disputes

In Tough Financial Times - What Happens When the Boarding Stable Has Not Been Paid?

In these difficult financial times, more boarding stable customers than ever are falling behind in their board payments.

Stable’s Rights

Many states have stablemen's lien laws (sometimes called “agister's lien laws”) that often give the stable a lien (or right of lien) on the boarded horse.  In some states, the lien is created automatically, but in other states, procedures, such as a suit, must be taken to formalize the lien.  Laws can also address whether the stable can deduct side charges (such as legal fees, hauling fees, sale fees, or others) from the sale proceeds.  With wide variations among the laws, stable managers need to check the law carefully before taking drastic action. Read More ›

Categories: Boarding, 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 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

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 

What our Equine Law Services can Provide

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 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, 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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