Insurance and Equine Law

Though it might sound horrible, equine insurance and equine law go hand in hand with each other. Fortunately for you, there are people out there who specialize in both. Should you ever need legal advice for yourself and/or your horses you might try contacting Equine Legal Solutions. With attorneys who are also horse people, they will know how to answer any questions you might unearth during your career as a horse owner. They offer free consultations if you are unable to find what you need on their extensive website. While searching their site you will run across information about liability, information and forms for leasing horses, several types of forms and contracts, and even a fun page!

Now how does this apply to equine insurance? Well, most farms, riding schools, and trainers carry some form of liability insurance. Along with that the majority also have what is called a hold harmless, or a liability release form. Who draws those up? Just look above for that answer. Why do you need a hold harmless? Well, let’s start with the definition.

What is a hold harmless agreement/form/contract/waiver?
As stated here, to hold harmless is to relieve from responsibility or liability for any damage or loss. In other words, the person signing a hold harmless release or waiver is accepting responsibility for their own actions when participating in the named activity. While they might not be 100% foolproof, it is certainly recommended that horse trainers and riding farms have both boarders and riders sign a hold harmless. Worst case scenario it still may not be enough, but at least you can prove you were doing your best to be responsible, and that you had made your boarder/lesson rider/etc. aware of the risk they were about to take. There are many insurance companies that will require trainers and farms to have a hold harmless agreement and to put it into use.

Can I carry some kind of insurance to help protect me?

The answer to this one is easy...yes!

What type of insurance would I need?
This will depend on your particular activities. There is liability insurance provided for trainers, lesson farms, horse shows or events, riding clubs, and therapeutic programs. For farms there are companies that will write farm property and farm liability coverage. For a horse owner or race horse owner who simply wants some protection for themselves there is an equine personal liability available. The coverage for each type of policy might vary slightly, so be sure to speak with an agent about what will best fit your situation.

I am a trainer/instructor. What type of liability coverage should I have?
The commercial equine liability coverage would best suit this business. Though you may not own the property where you instruct, this will still provide liability coverage for an individual for the declared activities. Commercial equine liability coverage is very important if you perform any commercial equestrian activities such as boarding horses, riding instruction, horse training, breeding, horse sales, etc. Liability coverage is provided if you are sued by a third party who is injured or whose property is damaged (excluding horses: see Care, Custody, and Control liability). The equine liability policy covers defense fees and pays claims for which you are legally liable up to the policy limits.

You might also be interested in adding care, custody, and control coverage. The care, custody, and control policy will provide for the medical care or replacement cost of a horse up to the policy limits. Coverage for trailering is automatically included for up to a 100-mile radius from your facility, with additional transit coverage for the Continental U.S. and Canada available. Defense costs are also covered. This equine liability coverage does not apply to horses that you own or lease. Policy limits are available up to $2,500,000 per horse and $5,000,000 maximum loss per year. Please note that this policy will not apply to commercial haulers.

I'm holding a horse show. Can I get liability insurance for this event?
This equine liability coverage is for people or organizations putting on a one-, two-, or three-day event such as a schooling horse show or rated horse show, team roping, parade, exhibition horse show, barrel race or rodeo (excluding rough-stock events) for profit. It will cover you if someone is injured (participants and organization members are specifically excluded) or someone else's property is damaged and you are held responsible. Policies include both a set-up day and a break-down day. Some insurance companies may require all participants to sign a liability waiver (hold harmless) and will need a copy of the original form for their files. Only declared events will be covered on this type of policy, since it is not an annual policy.

Can I insure my riding club?
Riding and/or Hunt Clubs and their varied functions pose an unusual equine liability exposure, which requires specially designed coverage. Some insurance companies cover such risks as premises liability for meetings, fund-raisers, trail rides, horse boarding, equine event practices, equine clinics and public events (i.e. jackpot roping, shows and parades). Policies are written on an annual basis and include a specific number of public event days that vary depending on the carrier. Coverage is designed to insure the riding club and its members for sums they are legally obligated to pay for bodily injury and property damage resulting from riding club activities. Only events that are declared on the policy will be covered.


These are just a few of the coverages available for those of you who might need liability insurance. There are other options available, but we will discuss those at a later date. As always, check with your insurance agent your equine lawyer with any questions. Remember, these people are here to help you with this type of thing.