Occasionally I will receive a call from a horse farm owner who wants me to represent them in connection with a complaint to the North Carolina Department of Insurance because their insurance company has not paid them for a claim they believe should be covered by their insurance. Sometimes it is a claim for damage to property. Sometimes it is a claim related to teaching riding lessons. Sometimes it involves other types of claims. What I often find is that people believe that they have coverage only to find out when it is too late that they do not. How do we prevent this situation? By using a reputable insurance agent who is familiar with the type of insurance you need, by disclosing everything you plan to do at your farm to that agent in writing, by asking good questions of the agent to make sure you understand the coverages and by keeping notes on what is and is not covered under your insurance policy so you can decide with your agent’s help whether there might be different, additional insurance policies you may want to purchase.
When discussing these sorts of issues I frequently call on my friends and experts in the equine insurance area, Lucinda and Butch Human of Star H Equine Insurance in Advance, North Carolina. Lucinda and Butch have been selling equine insurance to horse and farm owners/lessees in the Southeast for decades and have a vast amount of knowledge on the subject. After discussing these matters with them in preparation for this article, I have the following thoughts to offer anyone who carries any type of equine-related insurance, whether it is farm insurance, instructor insurance, mortality insurance or another coverage.
Once you have found a reputable agent experienced with equine insurance, tell them everything you plan to do at your farm (e.g., pasture horses, grow hay, breed horses, board horses, teach lessons, etc.). And do it in an email if possible so that it is in writing so there will be no confusion about what you remembered to tell the agent. Also, you both will have that email to reference in the future if you want to be sure you have addressed everything which needs to be covered. If there are particular concerns about which you are worried, ask questions of your agent. The agent would much rather you ask questions in the beginning when placing the insurance coverage than find out the hard way when you have a claim that something is not a covered risk. Take notes on the agent’s answers to your questions or hang on to the email if the agent responds via email.
This month’s article will focus on misconceptions which are common on the property insurance side of things. Next month we will address misconceptions about other types of equine-related coverages (e.g., instructor coverage, mortality coverage and others).
What kinds of coverage might you be surprised to know you do NOT have with a typical farmowner’s or homeowner’s policy? Well, that is hard to say because folks have differing ideas of what they think is covered under these policies. Generally speaking, though, here a few examples of things which some people believe are covered under their policies but may not be:
1. Fencing – if your fencing around your pastures is damaged, your basic farmowners/homeowners’ policies do not pay to repair that damage. You can purchase separate fence insurance, but it is not something which is automatically covered by the common farmowners/homeowners’ policy.
2. Certain Downed Trees – If a storm blows a tree down on your farm, unless it lands on a covered structure, none of the cost to cut it up and haul it away is covered by your basic farmowners/homeowners’ insurance policy. Even if it is partially on a covered structure, the insurance company may only be required to remove that portion of the tree (limb, etc) which is actually touching the structure.
3. Barns and other Outbuildings Not Scheduled – Be sure to schedule all the structures on your property, from the barn to the run in out in the pasture to the tool shed by the pond. If a structure is not specifically scheduled (listed) on your policy so that it is clear it is expressly covered, you run the risk of it not being covered, so be sure to tell your agent about all your outbuildings!
Hopefully this information has been useful and will help us remember some of the things which are and are not covered by a standard farmowners/homeowners insurance policy. We can also strive to: (a) remember to find a knowledgeable agent when buying any insurance, especially equine-related insurance; (b) advise your agent in writing of all the structures on your property and all the activities you plan to pursue (or allow other to pursue) on your property; (c) ask any questions about coverage before buying the insurance; (d) confirm you understand the answers from your agent; and (e) request the agent respond via email with the answers so you have a written account of what you told them and what they told you. These simple steps will serve to make everyone’s lives easier rather than trying to recollect conversations from months ago during a claims situation.
Insurance exists for virtually any risk you would like covered, you just have to ask. Certain custom coverages may be very expensive and cost-prohibitive, but creative agents can find almost any coverage you would like to have given a few days. So think about your biggest concerns on your farm and/or about your horse and talk with your agent to be sure you are as covered as you can comfortably afford to be!
If you get into a bind and need assistance or just want to ask some questions to avoid getting in a bind, feel free to email me at email@example.com. I often will answer a short and simple question for free if you are in North Carolina and I have time and know the answer off the top of my head! Or often know good equine lawyers in other states if you need a referral. If you don’t hear back from me quickly, it’s not because I don’t love you or think you have a great question or because I don’t know the answer (usually), I’m probably just really busy and haven’t had a chance to email back. And you can always buy the first hour of my time for $250 (my usual hourly rate for 2014 is $350). Lots of folks will save up all their equine (and some corporate or real estate) legal questions and short documents and sit with me for an hour and we will do as much as we can during that hour and it’s only $250. You can check out my Twitter feed @nchorselawyer as well as our firm’s Equine Law Group web page at http://www.rl-law.com/equine if you’re interested, and yes, in addition to providing what I hope are interesting and informative stories, this blog and the Twitter feed referenced above are also (in one way or another, I guess) an advertisement for legal services.