Showing 45 posts in Insurance.
Letting Someone Ride Your Horse? Consider the Legalities
“Can I borrow your horse?” We hear this question from friends, acquaintances, co-workers, and relatives. When we answer “yes,” what usually follows is a fun and pleasurable experience. Sometimes, however, the opposite holds true, someone is hurt, and a lawsuit follows.
This article briefly discusses why people sue others who lend out horses and offers some suggestions for horse owners to try to protect themselves. Read More ›
Categories: Insurance, Liability
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The Unique Benefits of Hiring an Equine Law Practitioner
In January 2013, I spoke at a number of education programs on Equine Law. Attendees raised several questions, and some of them are shared on this blog.
Question
Has your equine law experience made a difference in specific cases where opposing counsel may have lacked similar experience? If so, how? Answer ›
Categories: Insurance, Sales/Disputes
When Can You Euthanize Your Insured Horse?
A major difference between mortality insurance on a horse and life insurance on a human is that equine mortality policies typically expect the possibility that the insured horse can be destroyed and payment can still follow. Over the years, court battles have also arisen on the question of whether the owner’s intentional destruction was truly warranted. A discussion of some of the cases follows. Read More ›
Categories: Insurance
Avoiding the “Attractive Nuisance”
Are you held liable if a child trespasses onto your property and is injured?
Hazardous places, conditions, or things on the land that tend to lure unsuspecting children are commonly known as "attractive nuisances." Attractive nuisances are typically not natural conditions of the land, such as a pond, but rather are conditions that were created by the landowner or someone else on the property. Swimming pools are classic examples. Depending on the circumstances and how the state defines an “attractive nuisance,” a horse might qualify. Read More ›
Categories: Insurance, Liability
No Workers' Compensation for Camp Manager Thrown from a Horse
A summer camp’s Business Manager comes to work over the weekend to “test out” the camp’s newly donated horses, allegedly to determine their suitability, but he is thrown and sustains serious injuries. Is he entitled to recover workers' compensation insurance? No, says a worker’s compensation appeals panel of the Tennessee Supreme Court in Parish v. Highland Park Baptist Church, No. E2010-01977-WC-R3-WC (Tenn. 10/18/11)(unpublished).
Why? Read More ›
Categories: Insurance, Liability
Consider Addressing Insurance in Your Equine Contract
The right contract language can help avoid disputes or reduce your expense if a dispute should arise. Details can separate marginal contracts from effective ones. Details can also help prevent legal disputes. A key detail to consider for a contract is insurance.
Different types of insurance exists for numerous horse-related activities and interests. Here are a few examples of how a contract can address insurance: Read More ›
Categories: Contracts, Insurance
Common Myths Regarding Equine Insurance - Part 3 of 3
The first two articles in this series explored myths 1-10 surrounding equine-related insurance (Myths 1-5 and Myths 6-10). Remember, it is important to read your insurance polices thoroughly and not rely on common myths. Let's take a look at myths 11-15 in the final part of this series. Read More ›
Categories: Insurance, Liability
Common Myths Regarding Equine Insurance - Part 2 of 3
Relying on myths and failing to read your insurance policies can lead to costly mistakes. This series explores 15 of the most common myths surrounding equine-related insurance. Check out myths 1-5 in my post from last week. Let's review myths 6-9 here: Read More ›
Categories: Insurance, Liability
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: Read More ›
Categories: Insurance, Liability
Are Your Barn Helpers Excluded “Employees” Under Your Liability Insurance?
Farms and stables often bring on “casual” labor, especially during times when hay is being loaded or other occasional labor-intensive chores are in progress. What happens if one of these occasional helpers is hurt and you have no workers' compensation insurance. Will your business liability policy protect you? Read More ›
Categories: Insurance, Liability
Top 10 Things The Equine Community Needs To Know About Equine Liability Laws
"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".
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Upcoming Speaking Engagements
In 2022, Julie Fershtman is scheduled to be a speaker on equine liability at these conventions:
- American Horse Council Annual Meeting and National Issues Forum, Washington D.C. - June 6, 2022
- National Conference on Equine Law, Lexington, Kentucky – May 4, 2022
- IRMI Agribusiness Conference (“AgriCon”), Sacramento, California – March 8, 2022
- New York State Bar Association Equine Law Symposium (virtual conference) – February 9, 2022
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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