PrintWading through the sea of insurance terms to determine what kind of coverage you need can be an intimidating and confusing process. LEGISequine.com understands this, and we feel everyone involved in the horse industry should have at least a basic understanding of insurance and the associated terms so they can make informed decisions on what kind of coverage they need, along with advice and help from their agent. We hope to clear the mire and make the insurance process just a little easier for you. In this first installment of Insurance Gobbledygook: Demystifying the Terms of Insurance we will explore Care, Custody and Control.
Understanding Care, Custody, and Control
Trainers and people operating boarding stables often run across the term Care, Custody, and Control. They are told they need it and would be crazy not to have it, and then the next question is, “What limits do you want?” Instead of stammering, scratching your head trying to appear thoughtful, and then staring off into the distance as if performing a complex calculation when you’re actually casting about for what it can possibly mean, here are the basics of Care, Custody, and Control.
If you have horses in your care, whether you offer boarding services, training services, or where you exercise control over their well-being, you could be held responsible if a horse is hurt or gets sick and the cause can be linked to you. For example, if the automatic water unit in a horse’s stall malfunctions and the horse colics, as the operator of the boarding stable you could be held responsible. If you as the trainer are hauling your clients’ horses to a show and a horse gets out of the trailer with a serious laceration, the owner could hold you, the trainer, responsible for the injury. Or, if the stall cleaner doesn’t properly latch the stall door and the horse gets out and gets hurt, again the boarding stable owner could be held responsible. If this happens at a show, in all likelihood the trainer will be held responsible.
Whether the blame and level of responsibility is accurately assigned is not the initial issue. The likelihood is that you are facing a dispute and possibly a lawsuit if the issue is serious, as well as the potential of having to pay some amount for the damage (injury) to the horse. Even if you are completely without fault, lawyers can cost several hundred dollars per hour, so defending yourself against even spurious claims can be costly. If the horse’s injury or death is covered under the owner’s insurance policy, their company could possibly sue you, even if the owner does not want to.
