The horse industry, as a whole, spends millions of dollars each year on mortality insurance. Mortality insurance is often compared to life insurance, although there are several important differences. Generally, mortality insurance is designed to pay a sum of money in the event that an insured horse dies or is stolen. Of the large numbers of people who buy mortality insurance, few truly understand that the policies and the companies who offer them are not alike. This two-part series explores important and little known aspects of equine mortality insurance. Part One generally discusses mortality insurance and addresses some important features that can differ among mortality insurance policies. Part Two discusses duties found in many policies of mortality insurance that, if not followed by policyholders, could result in a loss of coverage. (more…)
Finding the Right Lawyer: How to Hire a Lawyer
Many articles written by this author over the years have concluded that people should seek assistance from a “knowledgeable attorney.” This two-part series discusses how to find the right lawyer. Part One of the series covered “equine law” and what equine lawyers do. Part Two concludes with how to evaluate a lawyer to determine whether he or she is right for you. (more…)
Finding the Right Lawyer: What is Equine Law?
Many articles written by this author over the years have concluded that people should seek assistance from a “knowledgeable attorney.” Have you ever wondered whether you need a lawyer who concentrates his or her practice on equine law? This two-part series answers these questions and explains how to find the right lawyer. Part One of this series will generally discuss “equine law” and what equine lawyers do. Part Two discusses steps you can take to help find the right lawyer, regardless of whether or not you seek a lawyer who practices equine law. (more…)
Protect Your Right to Keep Horses In Your Community
Years ago horse facilities were plentiful and nestled in peaceful country settings. In recent years, however, “urban sprawl” has permanently changed this scenario. What were once riding stables and trails have become subdivisions and shopping centers. Many horse facilities now find themselves very close to large developments, and the new neighbors may not appreciate horses. (more…)
Complying With Duties Under Mortality Insurance Policies
Occasionally, the one who buys a policy of mortality insurance (called the policyholder) and the insurance company disagree on the issue of whether the company is required to pay a request for benefits (called a “claim”). People usually learn after it is too late that many of these problems and disputes could have been avoided. This article, which concludes a two-part series on mortality insurance, discusses duties often found in mortality policies that, if not followed by policyholders, could result in the denial of a claim. Here are some of them. (more…)
Understand Mortality Insurance Before You Buy
The horse industry, as a whole, spends millions of dollars each year on mortality insurance. Mortality insurance is often compared to life insurance, although there are several important differences. Generally, mortality insurance is designed to pay a sum of money in the event that an insured horse dies or is stolen. Of the large numbers of people who buy mortality insurance, few truly understand that the policies and the companies who offer them are not alike. This two-part series explores important and little known aspects of equine mortality insurance. Part One generally discusses mortality insurance and addresses some important features that can differ among mortality insurance policies. Part Two discusses duties found in many policies of mortality insurance that, if not followed by policyholders, could result in a loss of coverage. (more…)
Avoiding the “Attractive Nuisance”
Trespassing children are any horse facility’s nightmare. Children cannot read warning signs. They are capable of climbing over or crawling under fences. Can the law impose certain responsibilities on horse facilities to protect young children who trespass on your property? Yes. Most states across the country have adopted the “attractive nuisance” doctrine. Unlike the typical rule that there is generally no duty to protect trespassers, the “attractive nuisance” doctrine provides that a landowner will be liable for harm caused by artificial conditions of the land that are highly dangerous to trespassing children. (more…)
Turning a Good Boarding Contract Into a Great Contract
Could the following scenario happen to you?
You just returned from your dream vacation — a two-week Caribbean cruise. You immediately dropped off your bags at home and rushed straight for the boarding stable to see your horse. But instead of greeting you, she was nowhere to be found. Her stall was empty. The stable owner approached you with terrible news: Your horse had a very severe bout of colic the day you left, and the veterinarian recommended surgery immediately. The stable could not reach you to get your permission. With no way of knowing whether you would consent to the costly surgery, the stable owner told the vet to put down your mare. (more…)
Independent Contractor or Employee: It Pays to Know the Difference
Succeeding in the horse industry nowadays is tough. Expenses are high. Competition is fierce. Labor costs are high. Making a profit, it seems, is harder than ever. Wouldn’t it be attractive to eliminate the high costs that come with keeping employees? Many equine facilities believe they can cut these costs by simply labeling their workers “independent contractors” instead of “employees.” Does this sound easy and legal? Careful, it may be neither. (more…)
The “Nuisance” that Could Permanently Close a Horse Facility
It is a well-known fact that a single 1,000 pound horse will produce about 10 tons of manure each year. Can a nearby landowner bring a lawsuit seeking to close a horse facility or curtail its operations simply due to the smell of manure or some other reason? Yes. In bringing such a lawsuit, the party must prove that the facility was kept or maintained in a manner as to create a nuisance that improperly interfered with the use and enjoyment of his property. Nuisance lawsuits occur rather infrequently. However, the “urban sprawl” over the years has turned riding trails into residential real estate developments. Too many people, it seems, move to these areas specifically for a more rural way of life; yet, they do not like horses or understand how to maintain them. This creates the setting where nuisance lawsuits could potentially crop up. (more…)