Equine Law Blog

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.

Equine Mortality Insurance

Equine mortality insurance policies are designed to pay you a sum of money after your horse dies from illness, injury, disease, or accident.  These policies may also provide coverage if your horse is stolen.  As a condition to their issuance, these policies require that the insured horse be in good health and free from any injury, disease, or disability at the time the application is made (or, in some cases the insurer could impose an “exclusion” through which it will not cover certain pre-existing conditions).

The Notice Condition

A common requirement of equine mortality policies is that the horse owner give the insurance company “prompt” or “immediate” notice of illness, lameness, or injury.  Notice requirements vary among insurers.  One equine mortality policy sets it forth this way:

It is a condition precedent to any liability of the Company hereunder that:

1. the Insured shall at all times provide proper care and attention for each animal hereby insured, and
2. in addition, in the event of any illness, disease, lameness, injury, accident, or physical disability whatsoever of or to an insured animal the insured shall immediately at his own expense employ a qualified Veterinary Surgeon and shall, if required by the Company, allow removal for treatment, and
3. in either event the insured shall immediately give notice by telephone or telegram to the person or persons specified on the policy who will instruct a Veterinary Surgeon on the Company's behalf if deemed necessary.

Avoiding Disputes

Notice disputes can be avoided.  Here are some suggestions:

1. Read your insurance policy carefully.  Pay particular attention to its requirements, especially that you give the insurance company “prompt” or “immediate” notice of any injury or illness to the insured horse.  Never assume that you will be relieved of this burden if you fail or refuse to read your policy.
2. Give the insurer notice.  To help you satisfy the notice requirement, your policy will provide a 24-hour, toll-free number to contact the insurer or its designated claims representative.  Most likely, this number will NOT be the number of the insurance agent that sold you the policy.
3. Keep notice information handy and share it freely.  Once you receive the emergency contact number, keep it on hand and give it to your boarding stable, your trainer, and everyone who has custody of your horse in your absence.  Before leaving town for a vacation or business trip, confirm that these people have the information in case you cannot be reached and will provide the insurer notice in your absence.
4. Prepare to call any time.  Prepare to make a notice call at all times.  Insurers expect these calls all day, all night, and on holidays.
5. Give the insurer the opportunity to speak with your veterinarian.  Some insurance companies might want to speak to the attending veterinarian, especially if the horse is seriously ill and might be a candidate for humane euthanasia.  Give the insurer that opportunity.

If you have any questions about equine mortality insurance, please give me a call or shoot me an email.

Categories: Boarding, Insurance, Liability