Mounted search and rescue

["Philip & Bonnie Easley" <easleyranch@foothill.net>]

In California, we have all of our SAR volunteers sworn in as OES (Office of Emergency Services) Civil Disaster Workers.  They are then covered on all call outs and training exercises.  We had a wreck during a training exercise where a woman fell off her horse while draging a log and received compound fractures in one of her legs.  She was well taken care of with Workmans Comp and medical all the way through rehab. 

Philip Easley

Nevada County Sheriff's Search And Rescue Inc.

Nevada City, Ca.

----- Original Message -----

From: IRVIN LICHTENSTEIN

To: 'Mounted search and rescue'

Sent: Monday, February 23, 2009 9:25 PM

Subject: Re: [MSAR] MSAR insurance policies

There is no show or club insurance that will cover you for public and professional liability as an emergency responder.  If you are doing search

as a part of a sheriff or other public agency under their budget, control, and orders they should be providing both workman’s comp, and liability insurance.

Whether they are willing to insure your horse, trailer or tow vehicle is a separate issue.

 

If you are an independent organization/agency with your own EIN, tax status, and not controlled by a government agency you need your

own workman’s comp since you are the employer of the volunteer responders.  In some states the amount is minimal and set by state law,

often as low as $10 per hour earnings allowance used as the basis for lost income.  In other states the limit is 80% of provable earnings and

the municipality you organization is resident  (where you get your mail, have a business phone, office, etc) is responsible for your comp by law.

If comp is required and you do not have it cease all operations immediately.  In Pennsylvania (where luckily the municipality is responsible) the

fine for not having comp is $10 000 per day.  You may be covered by OSHA regulations directly or through EPA’s HAZWOPER rules.

 

Public liability for an emergency responder organization usually includes some other coverage in the package. 

·         Public liability pays for the public for the organization and its members screw ups. It may be primary (pays first) or secondary (pays after other insurance is exhausted). Some specifically exclude do bites. Medical expenses for the injured party may be covered here or separately.

·         Professional liability pays the public for lapses in judgment or not following best practices resulting in a screwup, like subject recovered instead of found

·         Malpractice covers unpaid medical care provided to a victim, including Good Samaritan defense costs. It usually does not cover for licensed physicians or services paid for

·         Host and Landlord covers accidents at the station and fundraisers, usually involving public and booze

·         Automotive is car insurance for the organization and the organizations’ vehicles, not a member’s car

·         Borrowed Equipment covers equipment on loan to your organization, like that $5000 portable radio the guy in the comm. van handed you, or it may be used to cover specialized equipment (a medical evacuation Gator) or equipment your members bring to a scene and loan to the organization for the event.

·         Director’s Errors and Omissions covers your elected or appointed organizational officials official acts on behalf of the organization

·         Bonding covers the treasurer and usually any other signatory who may abscond with money.  The bond is used to refund the loss to the organization and the bonding company goes after the miscreant to get its money back.  Typically a limit of $10 000 is included in the base policy.

 

None of this coverage pays a member for loss of his personal property or injury to his horse.  It just protects the organization during official business. An optional coverage is to obtain accidental death and disability, on duty or 24/7.  This will pay a member’s losses and provide some income while the comp carrier spends 5 years or so reviewing the injured on duty claim. If you are an emergency responder you may be eligible for federal and state public safety officer (death) benefits.  

 

Your carrier should be experienced covering volunteer fire companies, ambulance squads, and rescue squads.  There are several specialty carriers. SE PA SAR uses VFIS, of the Gladfelter Group.  They also own Agri-Business Insurance, and started as Volunteer Firemen’s Insurance Service until they got big enough to be an independent carrier.  You can check Firehouse, Fire Engineering, Pennsylvania Fireman or similar publications for other carriers.  As a trustee of a fire company I also have to deal with the township’s insurer, the Delaware Valley Insurance Trust, which is a pool created by seven townships to provide their own comp and other coverage. They (DVIT) has only one response: claim denied.  VFIS will work with you to tailor your coverage to your activities and doesn’t charge extra for fundraisers, seminars, or trips to conventions. 

 

Generally, under most mutual aid agreements you will have to specify your comp carrier and your liability carrier so no insurance, no go.

 

Irv Lichtenstein

SE PA SAR

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