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msar-riders - Re: [MSAR] insurance

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Subject: Mounted search and rescue

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  • From: "IRVIN LICHTENSTEIN" <ilichten1@verizon.net>
  • To: "'Mounted search and rescue'" <msar-riders@lists.ibiblio.org>
  • Subject: Re: [MSAR] insurance
  • Date: Tue, 13 May 2008 09:12:11 -0500

Pennsylvania’s environment for SAR is that no one is legally required to search.  But then no municipality is required to fund Fire or EMS either, until the new Township Code becomes effective, around 2011.  We have not had sovereign immunity here for over 50 years and there are at least 5 Good Samaritan laws (reporting child abuse is one, taking blood from drunk drivers is another, first aid and CPR are another). And the Fire and Panic Act does confer near deity status on fire chiefs.  Homeowners insurance industry form HO3 provides for replacement value of goods lost due to any covered cause, but your vehicle insurance covers goods in your vehicle and often has a $200 limit on the contents of a locked storage area.  Additionally, your homeowners may not cover property stored off premises under the same conditions as if it was at home.  And floods are never covered by homeowner’s. Your vehicle insurer cannot charge you with an accident that happens while you are responding to an emergency as a volunteer fire or rescue person either, but the Vehicle Code can.

 

As to you being a farm versus a house this is a matter of the value of the outbuildings, their use, and their contents.  Livestock is not usually covered as equipment is (thus our insurer’s agent’s reluctance to unequivocally state that horses are covered by our equipment coverage).  In Pennsylvania keeping livestock is subject to the local zoning laws, the Nutrient Management Act (water pollution), and the neighbors.  In the City of Philadelphia horses are an ancillary use, like a car, and only commercial stables are inspected, by Licenses and Inspections, not the SPCA.  So localities do play an important part in what you need, and insurance adjusters just look for ways to beat the claim. 

 

As to using expensive stuff versus cheap stuff in the field we have found that quality is not expensive. A well fitted saddle may cost a few dollars more but it works better for the horse and rides better for you.  My custom Texas roping saddle cost about $1100, almost 20 years ago, and still fits us both well and has had no repair expense.

A friend rides on a Steuben that is irreplaceable, and about 30 years old.  And there are those that wear out a cheap saddle every season.

 

Search equipment is not cheap either, unless somebody else is paying for it.  We currently use 3rd hand VHF analog radios for tactical purposes. In 2009 these radios will be illegal because they are not narrow band.  The county/regional system uses digital voice trunk units at about $4500 each.  The home county has issued us pagers and provides dispatch services, just like any volunteer fire company or community EMS Unit. Since we are an emergency responder organization we cannot legally be interfered with and our animals are police animals, 24/7.  Our members are also exempt from motor fuel rationing, and we get free training  or the same cost as fire companies at county facilities.

 

As to the legal environment for search in Pennsylvania, organized search teams are recognized as emergency responders when so sanctioned by a local, or county government. We are called upon by the township fire, police, or EMA to assist them as needed.  Even volunteer fire companies must have a response zone and file tax returns and carry insurance.  The difference is how many calls and how much each call costs.  We expect about 12 search calls per year in a 5 county region, and since we also cover the animal rescue provisions of the FEMA required response plan perhaps another 10-12 rescue assists. Pennsylvania’s EALA does even require a signed acknowledgement, just signs, but it does not limit who the injured party is, so it is worthless.  And nobody will try to say it is a valid defense against claims from the general public. Yesterday, a horse ran loose from a barn in Philadelphia and smashed up a car (and the driver), and under current law the owner is responsible, the barn is responsible, and the SPCA got the mare.

 

Irv Lichtenstein


From: msar-riders-bounces@lists.ibiblio.org [mailto:msar-riders-bounces@lists.ibiblio.org] On Behalf Of Susan J. Duke
Sent: Monday, May 12, 2008 7:38 PM
To: msar-riders@lists.ibiblio.org
Subject: [MSAR] insurance




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