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Sales & Contract Disputes
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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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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.