Equestrian Insurance Donna McInnes – Equine Liability Claims Handler Stephanie Ellis- Commercial Equestrian and Leisure Supervisor
• Equestrian insurance since 1963 • Bespoke offerings • Links with associations • Look to offer the complete Equine package • Ultimate owner is a charity
• National Equestrian Survey 2015 conducted by BETA found; – Estimated 944,000 horses in UK – Around 119,000 horses owned/kept by professionals – Highest proportion of horse riders in East Anglia and Greater London – Over 1.3 million regular riders (BETA industry information 2016) -Compare this to 1.8 million regular football players (Sport England, who plays sport 2016)
• British Horse Society (BHS) The British Horse Society (BHS) has over 91,000 members and around 895 BHS approved establishments (BHS, Equestrian Statistics 2016) • British Equestrian Trade Association (BETA) BETA represents around 800 member companies (BETA, About BETA 2016) • World Horse Welfare • British Equestrian Federation (BEF) • British Showjumping (BS) • Others associations you may hear of also including; Pony Club (PCUK), Association of British Riding Schools (ABRS), Trekking and Riding Society of Scotland (TRSS), Welsh Trail Riders Association (WTRA), British Eventing (BE), British Dressage (BD) etc.
• Horse & Pony (Leisure) • Horse Trailer • Horsebox • Equestrian Combined/Liability for Equestrian Yards including Riding Schools, Livery Yards • Freelance Riding Instructors, Grooms, Riders, saddle fitters and Equestrian Specialists • Personal Accident
• Basis of cover is theft death and straying then have option to add on vet’s fees, loss of use, liability, and personal accident, legal and tack (saddle and bridles). • Vets fees cover is similar to pet insurance, pays for the vets fees involved after an accident, injury or illness of the horse • Loss of use is cover for the horse if it is permanently incapable of performing its specific use • Once had an illness/ claim exclusions will apply • Vetting’s and/ or x rays may be required
• 1 in 5 horse owners will claim under their insurance • Average vets fees claim is in the region of £1,500 • Greater availability of diagnostic tools available but this means cost has risen
• Horsebox- motorised vehicle that must be insured for RTA liabilities as a minimum • Trailers- no legal requirement to insure but towing vehicle must cover the trailer when being towed • Trailer insurance will cover damage to the trailer whilst both hitched and unhitched also PL if the trailer causes third party damage whilst unhitched • Values of the horsebox’s and trailers vary greatly
• Important to use a equestrian specific breakdown company to ensure horses will also be rescued if breakdown at the road side • Number of people that required our horsebox breakdown service in 2015 was around 1 in 3 • In 2015 the average horse trailer claim was £1,900 and the average horsebox claim £9,489
• Drivers who passed their car test before 1 January 1997 can drive a Horsebox with a MAM up to 7.5 tonnes on their current licence • Drivers who passed their test after 1 January 1997 will need a C1 licence to drive a Horsebox with a MAM between 3.5 tonnes and 7.5 tonnes • If the MAM exceeds 7.5 tonnes then a category C licence is needed. • A lorry up to 3.5 tonnes can be driven on a standard licence from 18 • Vehicles that weigh more than 7.5 tonnes can be driven from the age of 21 years. • Drivers who passed their test after 1 January 1997 will need a B+E licence to tow a trailer behind a vehicle with a combined weight over 3.5 tonnes (NI Direct Government Services, driver licensing 2016) • Horse Transport companies will provide a solution to horse owners with no transport of their own for their horses.
• Even if the horse owner or keeper has not been negligent liability can still attach under 2.2 of the Animals Act 1971 • Leading case Mirvahedy v Henley (2003)- house of lords found strict liability attached to owner/ keeper of horse (House of Lords, publications 2016) • Even if the horse owner is not there at the time of the incident they can still be legally liable i.e. horses escaping in the night and cause a RTA • Defence used is accepting the risk as in the case of Turnbull v Warrener (2012) (Freeths, animal act 2016)
• Riding Schools/ Trekking centres- where horses provided in exchange for a lesson or fee • Governed by the Riding Establishments Act 1964 and 1970 – issued by council • Licence process includes an assessment of the premises and vet inspection of the horses • Requirement of the Riding Establishment licence is having Public Liability insurance in place • Some people who do pony parties and rides at fairs and fetes will require a licence also • Even if only has one horse, would still full under the Act
• Livery yards are places where third parties can keep their horses for a fee, ranges from DIY, part livery, full livery and competitions or sales livery • Competition yards have own horses and third parties in to produce and compete • Dealing, buying horses to bring on and sell on • Backing/ Breaking horses – starting them off for ridden work • Stud Yards – breading of horses • Racing Yards (under rules and point to point) • No current requirement to be licenced
• Options of cover for Public Liability, Employers Liability, Care Custody and Control, Commercial property, domestic property and commercial legal expenses • Liability cover can extend to include events/ shows, accommodation, clubs, camps and hiring out of their facilities • Commercial property can include building, contents including tack and machinery business interruption • Domestic property on the same policy if on the same premises
• Public Liability to protect the proprietor should the horses on the premises cause damage or injury to third parties or if someone on the premises in connection with the business is injured. • Employers Liability for anyone carrying out employed duties on behalf of the insured including students and volunteers (volunteers under 16 may require work permit) • Care Custody and Control covers horses in the yards/ proprietors care should the horses be injured or were to die and the proprietor is found legally liable
• The equestrian yard is full of hazards, from horses themselves (kicks, falls), to heavy lifting (hay, water, tack) to uneven surfaces and ice in the winter. • Documented risk assessments and training can help to prevent incidents but also used in a defence • Example, employee pulled a bale of hay from the bottom of the pile causing the pile of hay to fall and breaking employees leg, lack of training on how to correctly collect hay meant the defence was difficult. • Rider registration forms at riding schools including a documented assessment of riders abilities have proven essential in defending claims
• For individuals who do not have their own premises and do not work for one person or business and include the following; Freelance Instructors who teach third parties on the third parties own horses Freelance Grooms who look after third parties/ individuals horses including riding and exercising Freelance Specialists such as Farriers, saddle fitters, equine dentists and bitting advisor The basis of the cover will be Public Liability with options of Care Custody and Control, employers Liability and tools and stock cover.
• Equestrian property and Private Yards • Equestrian events/shows (one off and annual) • Riding clubs liability & property • Pony parties • Equine Assisted Therapy centres • We can accommodate most types of equestrian businesses
• Many instructors and grooms are self employed therefore are not entitled to SSP if unable to work • Horses are unpredictable and weigh on average half tonne so when dealing with them regularly an injury at some point is likely to occur • There are no centrally collated figures on horse riding injuries but is estimated a rider will experience some sort of injury once every 350 hours of riding (BBC News 2016) • It is important to find a personal Accident policy that covers equestrian activities including riding and handling as a commercial activity
Liability Claim Example • Equestrian Liability claims may not always involve the horses – many yards have dangerous equipment, uneven surfaces etc • A large claim that SEIB is handling involves a piece of machinery being used to dig holes in order to erect a new fence at a livery yard called an Auger. • Our clients friend was helping to dig the holes out for the posts using the Auger. When the claimant was having trouble getting the machine to go deeper he jumped onto the machine to put more weight on it. Unfortunately his foot slipped on the machine and his leg was caught in the Auger resulting in the leg having to be amputated. • No training was given as the claimant and this was not his profession. The policy reacted under the public liability section and liability was admitted however insurers decided that the claimant had to pay some contribution towards the claim as the incident may not have happened had he not jumped on the Auger. • There is also a secondary claim from the son of the claimant who witnessed the incident and was only 5 years old at the time.
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