insurance, 3rd party claim- help

[sherbet]

Last month pony went through gate and gate had to be replaced. No one saw what happened pony was just found on wrong side of fence. No damage to pony but wooden gate trashed. Gate repalced and paid for.

Sent in claim on 3rd party insurance, just been told there is no claim as horses kick,trash gates and the yard owner should except this. So no pay out

Anyone come across this before, whats the pint of 3rd party if this is the case

 

[ribbons]

Just to confirm. This was your pony. Gate on livery yard where you keep pony. If that's correct then I think insurance co. are right. Yard charges for facilities
for keeping horses and must expect a certain amount of damage, horses being horses.
If however, your pony escaped from the place it was kept and damaged property of a neighbour or someone else, then since they have no reason to expect a pony to turn up and cause damage they would be entitled to have that damage put right, which is when your insurance would kick in. Insurance is to provide for the unexpected. Your neighbour would not expect it, your yard owner should.

 

[lachlanandmarcus]

Agree insurance unlikely to pay out for damage caused when pony still in its normal home, would be different if they broke out onto a road and someone crashed into them and was badly injured etc.

However not sure I agree that YO has to foot the bill, they would if fencing was poor condition (causing it to break when a fence in decent condition wouldnt have) but if it was reasonably maintained then it would be fair for the horse owner to have to cough up - at least a proportion of the cost. Just because the insurance wouldnt reimburse them doesnt mean that they arent responsible, only that it isnt an insurable risk).

At livery stables I have been at (good ones) the rule was that YO would cover any wear and tear type maintenance but if a horse for no reason caused a lot of damage to well maintained facilities then the owner has to pay for the repair.

It depends on the livery contract but also on what is deemed to be reasonable. To me, if my horse did that to good equipment/fixtures, I would feel it was down to me to make good.

 

[MerrySherryRider]

Agree insurance unlikely to pay out for damage caused when pony still in its normal home, would be different if they broke out onto a road and someone crashed into them and was badly injured etc.

However not sure I agree that YO has to foot the bill, they would if fencing was poor condition (causing it to break when a fence in decent condition wouldnt have) but if it was reasonably maintained then it would be fair for the horse owner to have to cough up - at least a proportion of the cost. Just because the insurance wouldnt reimburse them doesnt mean that they arent responsible, only that it isnt an insurable risk).

At livery stables I have been at (good ones) the rule was that YO would cover any wear and tear type maintenance but if a horse for no reason caused a lot of damage to well maintained facilities then the owner has to pay for the repair.

It depends on the livery contract but also on what is deemed to be reasonable. To me, if my horse did that to good equipment/fixtures, I would feel it was down to me to make good.

^^^This ^^^^