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Case Studies: Lessons We Can Learn From Three Contentious Equine Mortality Lawsuits

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“Agri Con,” IRMI Emmett J. Vaughan Agribusiness Conference
March 8, 2022

Julie Fershtman discusses two equine mortality lawsuits at “Agri Con,” the IRMI Emmett J. Vaughan Agribusiness Conference in Sacramento, California.

What happens when equine mortality coverage disputes find their way into the courtroom? This presentation explores three cases. In one case, the policy's "proper care and attention" clause was center stage when the owner declined lifesaving surgery, but, in an interesting twist, the owner's attending veterinarian sided for the insurer.

In the second case, a policy's "late notice" condition was at issue when 15 days passed between severe lameness and notice to the insurer. The final case focused on this question: When a policy has a lameness exclusion, but the insured horse dies from a joint injection, is the death excluded?