Equine market braced for court ruling

Britain’s racehorse owners have been warned that a court ruling may force them to take out public liability insurance or face the potential of huge damage awards if they are sued.

Expert underwriters at Lloyd’s have advised anyone who has a share in the ownership of a racehorse to check their current insurance policies as a ground-breaking court case may well leave them open to legal liability if their horse injures a third party.

The warning by insurers and the Racehorse Owners’ Association (ROA) has been prompted by a case due in court this year. An owner is being sued by lawyers acting for an assistant racehorse trainer who was kicked by a horse at a racecourse, and whose injuries have left him requiring continual care for the rest of his life.

Even before the case has been heard its ramifications are being felt, as fears grow that if the case goes against the defendants it will open up the possibility for owners being held liable for the actions of their horses on and around the racecourse.

Chris Kinane, assistant to Midlands trainer Ian Williams, was kicked by racehorse Saameq in the paddock at Wolverhampton Racecourse in 2005 while in the trainer’s care. Lawyers acting for the family of Kinane are now suing David Irvine, the majority owner of Saameq, and the horse's trainer, Ian Semple. The latter was insured; however, Irvine was not and may be forced into bankruptcy as a result of the legal action.

ROA Chief Executive Michael Harris said: "The tragic accident of Chris Kinane has left many racehorse owners concerned about the risk of a claim – and potentially a multi million pound claim – being brought against them by a third party for which they have no insurance protection or inadequate protection.

"There is a requirement for racehorse trainers to have public liability insurance, but there is no mandatory requirement for that cover to extend to owners who may also be exposed to a claim when their horse is resting away from the training yard or is being kept at home."

ROA members now receive the benefit of liability insurance cover with membership, but David Ashby, Bloodstock Underwriter at Lloyd’s managing agent Amlin, says owners need to ensure they are covered.

“Owners should check to see if they have coverage. Many horses may well not spend 12 months in the charge of a licensed trainer and as such any incident could fall on to the owner or owners.

“The advice has to be that owners should check they have public liability cover and if they are unsure they need to look at stand alone third party liability cover to ensure they are not left exposed to claims.”