Can a Boarding Contract Save a Horse’s Life?

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144 – October, 2014

By Julie I. Fershtman, Attorney at Law |www.equinelaw.net

Boarding contracts are very important documents. Among their many elements, these documents can establish payment schedules, confirm services that will be provided, address additional services and fees, identify late payment fees and interest on unpaid balances, explain health requirements for incoming horses, discuss stable-wide vaccination and de-worming programs, address how either party can terminate the contract, and many other elements.

One very important clause, which boarding contracts sometimes miss, explains how the stable may handle veterinary emergencies when the owner cannot be reached. This article discusses how boarding contracts can address emergencies and potentially save a horse’s life.

Why Address Emergencies in a Contract?

Imagine this scenario: The horse owner leaves for a 10-day international vacation and gives the boarding stable no phone or e-mail contact information while he/she is away. The day after the owner leaves, however, the horse suffers a very serious bout of colic. The stable manager summons the veterinarian who advises that emergency surgery is needed. Not knowing whether the owner would consent to costly surgery, and unable to reach the owner for direction, the stable manager advises the veterinarian to euthanize the horse. Several days later, the horse owner returns to the stable looking for his or her beloved horse, only to learn that the horse was put down. To make matters worse, when the owner notifies the equine mortality insurance company and makes a claim, the insurer refuses to pay because it was deprived of timely notice, and the horse’s destruction makes it impossible for a post-mortem exam. As explained below, a thorough boarding contract could potentially prevent this problem, and the horse’s life might have been spared.

Addressing Emergencies in a Contract

Boarding contracts sometimes address equine emergencies but approach the matter differently.

For example:

• Some contracts authorize stable management to take any action it deems appropriate, at any cost, if an emergency occurs and the owner or the owner’s designated contact person cannot be reached to provide instructions.

• Other contracts allow stable management to secure veterinary attention in the owner’s absence but with a specified dollar limit on what can be arranged.

This can be especially troublesome if the veterinarian cannot estimate the fee or if unforeseen complications arise that escalate the veterinary bill above this limit. Each option has its advantages and disadvantages. The boarding contract can also specify that the stable, in securing emergency veterinary attention for a client’s horse as the contract allows, is acting as the owner’s agent to procure the services but not for the payment of fees. To assist the boarding stable further, some contracts allow the horse owner to specify his or her preferred veterinarian and encourage the owner to keep a credit card on file with the veterinarian’s office so that future services can be paid.

Equine Insurance

If a boarded horse is insured with equine insurance, such as mortality insurance or major medical insurance, should the boarding stable know this? Certainly. Equine mortality insurance policies typically require that the insurer must receive “immediate” notice if an insured horse becomes injured or ill (or worse), and the companies provide a toll-free telephone number for the insurer’s claims staff or agents to receive calls 24 hours a day. Using the insurer’s emergency contact information supplied by the owner, boarding stables can help provide these important notice calls. Also, depending on when the call is received, the insurer might be in a position to explain the horse’s coverage.

With this in mind, boarding contracts can also allow customers to supply the following information for insured horses:

• Name of the equine insurer

• Insurance policy number

• The insurer’s designated contact number for emergencies or if the horse becomes injured or ill

• A requirement for the owner to immediately notify the stable of updated information

Since this information can be critically important, the stable manager can make sure to keep it readily available in a few places such as within a stall card, in the barn office, in the truck or trailer, in the stable manager’s cell phone, or others. This article does not constitute legal advice. When questions arise based on specific situations, direct them to a knowledgeable attorney.

About the Author Julie Fershtman is one of the nation’s most experienced Equine Law practitioners. A Shareholder with the firm Foster Swift Collins & Smith, PC, based in Michigan, she has successfully tried equine cases before juries in 4 states and has achieved numerous courtroom victories. She has also drafted hundreds of equine industry contracts and is a Fellow and officer of the American College of Equine Attorneys. She has spoken on Equine Law in 28 states, including the nation’s largest conventions. For more information, please visit www.fershtmanlaw.com, www.equinelaw.net, or www.equinelaw.info.