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…)

Volunteers Enjoy New Protection

Most horse organizations depend heavily on volunteer support. Whether it is a national breed organization, local 4-H club or trail riding group, volunteers are key to the organization’s existence and success. Yet a recent Congressional study revealed that volunteerism was steadily declining. The cause? A smattering of lawsuits against volunteers and the resulting spotlight on potential legal liability scared away many existing and potential volunteers. (more…)

Stallion Syndication: A Worthwhile Structure for the High Dollar Horse!

Are you interested in owning that high-dollar breeding stallion but just can’t quite justify the initial investment? Although you own a few nice mares, do you wonder how you will secure the remaining thirty to forty additional breedings necessary to recoup costs in an average season? Do you know other business associates who have expressed an interest in the stallion but are unable to actually purchase the stud? If so, you might be a good candidate to utilize a syndication agreement. (more…)

Disclosure Requirements in a Horse Sale

Horses sell every day, but when it comes right down to it, most people involved in a horse sale are not exactly sure what facts the seller must disclose. The law creates a fine line between a seller’s duty to disclose and a seller’s right to remain silent. The general rules are summarized as follows: (more…)

Powerful Tools for Fee Collection For Trainers and Stable Owners

As an owner of training and boarding facilities, you face collection problems just like all business people. Unlike standard business debt, which remains fixed and liquidated, you face accruing maintenance costs for feeding and boarding the animal until the dispute is resolved. Your proactive use of the agister’s lien or contractual security interest gives you the leverage needed to compel prompt bill payment when necessary. (more…)

Equine Activity Liability Statutes What Do They Protect?

The 1990’s witnessed a revolution in the laws regarding liability of horsemen for equine-related injuries. As of December, 1997, 40 states have enacted equine activity liability laws. State legislatures created these laws in order to limit the liability of equine professionals and activity sponsors from participant injuries resulting from the “inherent risks” of equine activities. (more…)

“So Sue Me . . .” (Just Hope My Liability Waiver Is Working)

I can’t tell you how many times I’ve heard a stable owner tell me “They won’t sue me. They signed a liability waiver”. This statement reflects a misconception prevalent in the horse industry – that a liability waiver will prevent lawsuits from being filed. Nothing could be further from the truth. In fact, many stable owners are currently using standard form liability waivers drafted in such broad, generic terms as to be virtually unenforceable in the event a lawsuit gets filed. How can this be? (more…)