Re: Re: IAHA insurance exclusion

["Duncan Fletcher" <dfletche@gte.net>]

Sue -

The only reason you need insurance is because of your negligence. Your
negligence (or deliberate act) is almost the only basis for someone winning
a lawsuit. If you aren't ever negligent, then you don't need insurance. And
negligence is not all that well defined - plantiffs lawyers are constantly
looking for new theories of negligence and sometimes winning based on those
new theories. Yes, they have to prove it, but the standard of proof is
preponderance of the evidence not reasonable doubt and you get to help prove
it - no fifth amendment. Discovery can be lots of fun. I am not an
attorney - the lawyers on the list might want to expand on this.

Duncan Fletcher
dfletche@gte.net


----- Original Message -----
From: Sue Brown <sbrown@wamedes.com>
To: <ridecamp@endurance.net>
Cc: <Sbeseda@aol.com>
Sent: Monday, January 03, 2000 10:50 PM
Subject: RC: Re: IAHA insurance exclusion


> >Can you convince them with the fact that AERC stands for American
Endurance
> Ride Conference. (NOT Amer. Endurance RACE Conference?) Personally, I'd
call
> IAHA for clarification.
>
> Linda Sbeseda@aol.com wrote: > > I just got my Evidence of Insurance for
my
> year 2000 IAHA membership. > Is there anyone that can give some ideas on
the
> meaning of part (c) for > Endurance riders? I interpret it to mean that I
am
> not covered by this policy > during an Endurance race. > > Does the phrase
> "preparation for a prearranged race" exclude training ride > also? > > TIA
>
> Scott
>
> I think the operative phrase (missing in this snip) is "acts of
negligence" --
> if they can prove you were NEGLIGENT as a trainer (for hire for general
horse
> training or training for races, either riding or driving) or someone
> conditioning a horse for speed races... at the track or cross-country.
> Basically it says that they won't pay you for something caused by your
> negligence...pretty standard, IMO.  And negligence is pretty well defined
> according to the equine lawyers.  It's the same thing if I, as an
instructor,
> were negligent and it resulted in an accident to a student...I'd be in
deep
> doo-doo.  Negligence, fortunately, is not something that they can accuse
> you of
> willy-nilly...it has to be pretty obvious and they have to prove it.
>
> Sue
>
> sbrown@wamedes.com
> Tyee Farm
> Marysville, Wa.
>
>
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=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
Ridecamp is a service of Endurance Net, http://www.endurance.net.    
Information, Policy, Disclaimer: http://www.endurance.net/RideCamp   
=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=