When it comes to equine-related insurance, misconceptions
have plagued the horse industry for years. Most people do not
understand what they bought, what they need, whether they have
the coverage they think they do, and how to keep their coverage
intact. Insurance is an important and expensive purchase. Part
One of this series explored some common misconceptions regarding
equine-related insurance. Part Two, the conclusion, addresses
misconceptions and provides practical suggestions for avoiding
misunderstandings and disputes.
More of the Common Misunderstandings Regarding
Equine-Related Insurance:
"My horse got sick and had to be put down. Now
I can call the insurance company that issued a mortality insurance
policy on my horse."
This person is, quite possibly, making
a very costly mistake. In fact, most mortality insurance policies
require "immediate" or "prompt" notice of
an insured horse's injury, lameness or illness. Those who fail
to comply with this duty risk losing their mortality insurance
coverage. Since notice requirements can vary from company to company,
make sure to read your insurance policy carefully and make reasonable
efforts to comply.
"When the time comes to notify the company that
issued my mortality insurance policy, I'll just call my insurance
agent."
Giving notice to the wrong person may
be treated the same as giving no notice at all. As you
check your insurance policy for the name and phone number of the
person or company designated to receive notice, you will be surprised
to learn that the agent who sold you the insurance is probably
not the right one to call.
If your horse's health should take a turn for the worse,
make sure that you have quick access to your insurance company
and policy number and the phone number of the right person. Keep
this information in many different places, such as on your horse's
stall, barn office, tack trunk, wallet, truck, trailer, and car.
"My horse went lame after I bought a mortality
insurance policy, but I can renew the policy next year without
a veterinary certificate."
As a condition to the annual renewal of
a mortality insurance policy, many insurance companies require
an updated veterinary certification. This tells the company that
the horse remains in good health. Other companies may not require
the certification. If a company's renewal requirements are important
to you, evaluate them before buying the insurance. Also,
it is important to keep in mind that your insurance policy will
likely require you to notify the insurance company of your horse's
lameness condition.
"If I bring a valid claim after my horse dies,
the mortality insurance company will pay me the full policy limits."
Depending on the type of policy you bought,
an insurance company could be justified in paying you less than
the policy's face value. This can, and sometimes does, happen
if you bought an "actual cash value" mortality insurance
policy. Policies of this type are designed to pay you the fair
market value of your horse around the time of its death. By comparison,
"agreed value" policies provide coverage for a specifically
agreed-upon amount.
"I can buy mortality insurance in any amount---even
if it exceeds my horse's real value."
Mortality insurance policies are meant
to insure the amount your horse would likely command in today's
market. Before issuing this insurance, and before agreeing to
increase the policy limits, the company will seek facts and information
about the horse you want to insure, such as its age, use, health,
condition, and show or race record. The company will rely on this
information in determining whether to insure your horse for the
amount you requested.
"My horse is sore, but I can still recover 100%
of his value under a loss of use policy."
Unlikely. Loss of use policies are really
not designed to pay 100% of the value of a horse simply because
the horse is disabled. Unlike mortality insurance, which pays
a sum if your horse dies or is stolen, loss of use insurance applies
if your horse is alive but suffers from a physical condition that
renders it permanently unable to perform the specific function
for which it was insured (such as showing or racing).
Before they will issue payment under a loss of use
policy, insurance companies require proof that the horse is "totally
and permanently" unable to fulfill its intended use. Under
this standard, a temporary soreness condition will not make your
horse a candidate for payment under a loss of use policy. Insurance
companies can also require opinions from two veterinarians just
to make sure. Also, if you qualify for payment under a loss of
use policy, your policy might require you to surrender your horse
to the insurance company.
"My major medical and surgical insurance will
pay all expenses involved in keeping my horse alive."
Major medical and surgical insurance is
extra insurance coverage that many companies offer along
with a mortality insurance policy. For the extra amount you pay,
you could be covered for the expenses of surgery and also, up
to a certain amount, diagnostic tests, non-surgical illnesses,
and certain other medical care that your horse receives from a
licensed veterinarian. Major medical insurance covers expenses
reasonably associated with serious, costly care of a horse --
such as colic surgery -- but not unrelated costs, such as Coggins
Tests.
Major medical and surgical insurance policies only
pay up to policy limits. A common policy limit for this type of
insurance is $5,000 but some policies may pay $7,500. If your
veterinary expenses exceed the limit, you will be responsible
for paying the excess on your own.
Avoiding Problems in the Future
Read your insurance policy carefully.
A policy of insurance is a contract between you and the insurance
company. The policy describes the coverage the company will provide,
as well as the "exclusions" in which certain perils,
persons, activities, or circumstances will not be covered. The
policy will also specify certain conditions or duties with which
you are expected to comply. Years ago, insurance policies were
impossible to understand, but policies have been re-worded in
recent years to prevent this problem.
Turn to people "in the know" for advice.
Your friends can give useful advice on effective
split boots and saddle pads. When in comes to insurance policies,
however, stick to the advice of a reputable insurance agent who
understands your needs and knows equine-related insurance well.
Insurance policies are detailed documents and their provisions
can differ from company to company.
Work effectively with your insurance agent. Don't
hesitate to ask your insurance agent to explain your policy to
you. Should the agent insist that your insurance covers something
important, but the agent cannot find the exact policy language
to support it, ask him or her to confirm the explanation in writing
(preferably on his or her professional stationery).
This article is not intended to provide legal advice.
Direct your specific questions to a knowledgeable lawyer or insurance
agent.
About the Author
Julie I. Fershtman, Esq.
Fink, Zausmer & Kaufman, P.C.
31700 Middlebelt, Suite 150
Farmington Hills, MI 48334-2374
(248) 851-4111
E-MAIL: Fershtman@aol.com
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