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Insurance |
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Cruelty to Horses |
This segment contains cases dealing with the insurance aspects of the horse business and horse ownership. This segment includes issues raised by worker's compensation programs. You can obtain information about various equine insurance policies from Fry's Equine Insurance Agency. (scroll down to view cases)
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Statutes for Horsemen |
Louisiana Court of Appeals (1993) Racing horses
not excludable as a
business
Minnesota Court of Appeals (1993) No
uninsured motorist coverage
for spooking horse
Ohio Court of Appeals (1995) Horse/car
accident--"per
occurrence" clause
U.S. District Court (1996) Stolen horse
trailer not covered by
auto policy
Ohio Court of Appeals (1996) Posse rider not
covered by worker's
comp
Connecticut Superior Court (1996) Interpretation
of "family
member" in policy
Nebraska Court of Appeals (1996) No coverage
for death of
boarder's horse in stable fire
Connecticut Supreme Court (1997) Horse
boarding a business
excluded from coverage
Indiana Court of Appeals (1997) Dual coverage -
Prorata and excess
coverage clauses
Ohio Court of Appeals (1997) Horse-drawn
buggy not an uninsured
motorist
U.S. Court of Appeals (1997) Claim for dental
work from horse kick
Montana Supreme Court (1997) Policyholder not
absolutely required
to read policy
Minnesota Court of Appeals (1997) Horse
training not covered by
farm & ranch policy
U.S. District Court--Illinois (1997) Failure
to notify company of
horse's medical problems
Connecticut Superior Court (1997) Horse
exclusion clause in farm
liability policy enforced
West Virginia Supreme Court (1997) Injured farm
employee not covered
by farm policy
New York Appellate Division (1997) Insured
exclusion clause in
homeowner's policy not applied
Michigan Court of Appeals (1997) Groom
covered by race
track's worker compensation policy
Missouri Court of Appeals (1998) Liability
policy doesn't cover
injury to child from dad
U.S. District Court (1998) No duty to
defend insured for
intentional injury
South Dakota Supreme Court (1999) Injured
ranch hand not
covered by farm policy
Wyoming Supreme Court (1999) Mounting injury
not covered by
workers' compensation
Louisiana Court of Appeals (1999) Loading
horse into trailer
not covered by homeowner's policy
Delaware Superior Court (1999) Worker's
compensation coverage
for riding instructor and trainer
Ohio Court of Appeals (1999) Horse
boarding a business
excluded from homeowner's coverage
Georgia Court of Appeals (1999) Conducting horse
shows and rodeos
justified canceling farm policy
U.S. Court of Appeals, 10th Circuit (2000) Rodeo
spectator became
participant when playing "money the hard way"
New York Appellate Division (2000) Auto
policy doesn't cover
unloading accident
Louisiana Court of Appeals (2000) Liability
for death of
boarded horse excluded by insurance clause
Delaware Superior Court (2000) Riding
instructor and trainer
has worker's compensation coverage
U.S. Court of Appeals (2001) Injury building barn
for horse
business excluded by homeowner's policy
Louisiana Court of Appeals (2001) Race horse
trainer worker's comp
claim includes fringe benefits
Washington Supreme Court (2001) Exercise
jockey
covered by worker's compensation
Michigan Court of Appeals (2001) Park
concession employee
cannot sue government for lack of worker's comp
Louisiana Court of Appeals (2001) Homeowner's
policy
liable for injuries from negligent misrepresentations about horse
Iowa Court of Appeals (2002) Part-time
horse
trainer is an employee for worker's compensation coverage
New Mexico Court of Appeals (2002) Court
applies exclusion for horse accidents in guest ranch's insurance policy
Nebraska Supreme Court (2002) Feedyard cowboy
not
excluded from worker's compensation as a farm employee
New York Appellate Division (2002) Mortality
policy
proceeds divided between owner and lessee of horse
Michigan Court of Appeals (2003) Health care
provider
given right of reimbursement from horse accident settlement
U.S. District Court, Kentucky (2003) Policy
will not pay for euthanasia
death because of failure to give notice of post-operative infections
Delaware Superior Court (2003) Racetrack
exercise
riders not excluded as preparing for horseracing while breezing
Louisiana Court of Appeal (2003) Worker's
compensation
death benefit measured by law at time of death, not injury
California Court of Appeals (2003) Groom
injured
while holding horse for farrier was employee of racetrack trainer
Arkansas Court of Appeals (2003) Owner of
claimed
racehorse recovers from insurer despite lack of timely notice
Texas Court of Appeals (2003) Family
exclusionary
clause in auto liability policy doesn't apply when insured is a
corporation
Florida Court of Appeals (2003) Racetrack
groom in
course of employment while en route to doing laundry
Florida Court of Appeals (2003) Whether
worker's compensation covers accident depends on whether dog was a pet
or
training-aid
Delaware Supreme Court (2003) Racetrack
exercise riders
not excluded as preparing for horseracing while breezing
Minnesota Court of Appeals (2004) Insurance
covered
collapse of barn and arena due to snow and ice on roof
New York Appellate Division (2004) Horse
boarding excluded from homeowner's coverage as business pursuit
U.S. District Court, Illinois (2004) Failure to
disclose colics voids mortality insurance policy
Montana Supreme Court (2004) Insurance company
had duty to defend caretaker of horse that collided with motor vehicle
Missouri Court of Appeals (2004) Injured rodeo
company employee not entitled to worker's compensation from American
Royal Assn.
New York Appellate Division (2004) Injury from
horse kick excluded from homeowner's policy by business pursuit
provision
Missouri
Court of Appeals (2004)
Horse-drawn buggy is not a motor vehicle under uninsured motorist clause
Ohio Court of Appeals (2005) Worker excluded
from liability coverage under farm laborer clause
Court of Civil Appeals of Oklahoma (2005)
Baby-sitter had power to prevent escape of horses
Illinois Court of Appeals (2005) Duty to defend extends to incident occurring after sale of horse trailer
Indiana
Court of Appeals (2005) Suit
against landowner's insurance company and its agent barred by statute
of limitations
Missouri Court of Appeals (2006) Plaintiffs
fail to prove enforcement of oral promise by agent only remedy
U.S.
District Court, Texas (2007) Advertising,
trips, and a non-resident agent's license insufficient contact for
jurisdiction.
Washington Court of Appeals (2007) Collapse
caused by horse pulling back not caused by "weight of animal."
U.S.
District Court, Texas (2007) Failure
to disclose prior injury causes dismissal.