Third Party Liability Insurance Cover For Racehorse Owners

• Third party Liability Insurance is very important to you.
• Without it, racehorse owners could be vulnerable to potentially very high claims for damages if their horse causes injury to a third party or damage to their property- A recent case in the UK is evidence of this.
• Members of the Association of Irish Racehorse Owners (including syndicates) will receive automatic third party cover up to 6.5 million as from 1st April 2009
• If you are not a member of the Association of Irish Racehorse Owners it is strongly recommended that you join up and receive adequate insurance cover and you will also avail of other benefits of membership
• Annual Membership Subscription of €65, which is the fee that applied for the past two years, is being retained for 2009, despite the additional important benefit of third party insurance cover
• See Policy Summary
• You can apply now to become a member of AIRO by contacting the Association's Manager, Aiden Burns at 045/878173.

Policy Summary

Significant Features and Benefits of Cover

The policy indemnifies each racehorse owner who is a member of AIRO and whose name is maintained on the register held by AIRO during the period of Insurance. The covered activities are the ownership of any horse kept for the purpose of racing under the Rules of Racing and National Hunt Rules and the training and preparation thereof for racing.

Members are indemnified for all sums, which they shall become legally liable to pay as damages and claimant's costs and expenses in respect of:

• Accidental Bodily Injury to any person
• Accidental loss of or damage to Property happening during the Period of Insurance and arising out of the covered activities and while the horse;
  • is being prepared to go in to training at a licensed trainers yard in Ireland / The UK including Northern Ireland, or,
  • is being trained at a licensed trainers yard in Ireland / The UK including Northern Ireland, or
  • is out of training, providing the horse is only out of training on a temporary basis
  • Also covered are all costs and expenses incurred with the written consent of the Underwriters in the defence of any claim against the member, which may be the subject of indemnity under the policy.

Extensions

The policy will also indemnify a member of AIRO for liability to another member of AIRO.

Limit of Indemnity

Underwriters liability in respect of any one occurrence or all occurrences of a series arising out of one original cause shall not exceed 6,500,000.

Excess

Cover excludes the first 1000 of each and every claim for third party property damage.

Significant Conditions

If any claim covered by the policy is also covered in whole or in part by any other insurance, the liability of the Underwriters shall apply as excess of and not as contributory with such other insurances.The member should take all reasonable precautions to prevent injury or damage to property.

Significant or Unusual Exclusions

• Injury to any employee of the member.
• Injury to any horse or damage to any property belonging to the member.
• Property in the care custody or control of the member or any employee of the member.
• Terrorism
• Hazardous materials.
• Fungus, including but not limited to mildew, mould, spore(s),or allergens.
• Asbestos or related products

Claims Notification

In the event of a claim or possible claim under the policy the member must immediately notify the Equine Division at Windsor Partners Ltd, America House, 2 America Square, London EC3N 2LU. Tel 00442071331200.

THE MEMBER MUST NOT ADMIT LIABILTY OR OFFER OR AGREE TO SETTLE ANY CLAIM WITHOUT THE UNDERWRITERS WRITTEN PERMISSION.

Cancellation

Being a group policy effected by AIRO the policy does not provide the member with the statuary right to cancel an insurance within 14 days that applies to individual insurance policy contracts.

PLEASE NOTE THAT TERMINATION OF MEMBERSHIP FROM AIRO FOR ANY CAUSE OR REMOVAL OF THE MEMBERS NAME FROM THE REGISTER HELD BY AIRO WILL SIMILARLY TERMINATE COVER UNDER POLICY FROM THE SAME DATE.

Some Guideline Questions and Answers

1. What is third party liability insurance?

It is also known as Public/Personal Liability Insurance and will indemnify the Member for their legal liability arising out of their ownership of any racehorse. The cover applies in respect of damages,(including costs) that you may become legally liable to pay as a result of any accident or injury to a third party and / or their property. This insurance is in excess of any other more specific insurance.

2. What in respect of this insurance constitutes a racehorse?

The definition of a racehorse under the terms of this policy is at the time of a claim an animal being kept for racing (under the rules of any recognised Turf Authority). This would include being prepared for racing, resting or recuperating (provided it is the intention of continuing a racing career). If the horse is not in a licensed yard at the time of an incident it will be the members responsibility to prove that the animal qualifies under the aforementioned definition.

3. If my trainer has insurance why do I need cover?

It may be that your trainer's insurance doesn't adequately cover you. If your horse is out of training you may also not have indemnity. The animals act 1971, that applies in the UK including Northern Ireland, imposes strict liability in some cases, on an owner of a horse irrespective of whether they are the keeper of the animal or not.

4. Will cover be applicable to a horse that is owned by a Syndicate or a Partnership?

1. If a Syndicate is a member of AIRO then indemnity is provided. 2. In a Partnership then cover is ONLY applicable to those Partners that are members of AIRO.

5. Is a yearling bought at the sales covered?

Cover is applicable from fall of hammer provided it is the intention to begin preparation for training.

6. Will a horse being prepared for a breeze up be covered?

Cover applies from the time the process starts.

7. Am I covered for horses that I own trained in France?

No. Cover only applies to horses in training in Ireland, Northern Ireland and the rest of the UK.

8. Am I insured if my horse travels to the UK, France or Germany to race?

Yes. Cover is world wide provided the horse remains in the care of an Irish/UK based trainer. Indemnity is subject to the EC Jurisdiction clause. (Indemnity will apply but legal action must take place in an EC court)

9.Are Hunter Chasers or Point to Pointers covered?

Point to Pointers are NOT covered. Hunter Chasers are covered, if they are trained by a licensed trainer.

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