Mounted search and rescue

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

Good points,  I should have also mentioned the liability insurance.  The arena was cleared of everyone.  It was a freak thing that happened and the horse switched eyes watching the log and sweeped the woman off the horse.  Even with our coaching, she would not let go of the tail of the rope so it would come off the horn (only one loop and no dally) until she was off.  All it takes is one law suite and many old school Sheriffs will eliminate the group to avoid having it happen again.  We came a long way with MSAR in our county.  Hate to have something like that mess it up.  Even if the insurance covers the problem, over reaction can occur by the Sheriff's and County Administrators.  One of the keys to avoid getting the law suits is documented training.  We were lucky on the incident with the log drag.  The training is done a little differently now with more steps before graduating to the log. 

Philip Easley 

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

From: IRVIN LICHTENSTEIN

To: 'Mounted search and rescue'

Sent: Tuesday, February 24, 2009 5:22 PM

Subject: Re: [MSAR] MSAR insurance policies

The California example is an excellent case for workman’s comp.  Be aware that being a sworn (or unsworn) volunteer does not provide the organization with coverage, just the person on the list and only for activities the issuer allows.  For instance, in Pennsylvania you can self insure comp and many government agencies do for cost purposes. If you are a Volunteer in the Park for the DCNR you are covered for comp except that it only covers scheduled activities that the park or forest manager pre-approved and does not cover use of power tools or saws without approval by regional directors.  This is due to two factors: DCNR self insures and one of their regular employees was severely injured by a kickback on a chain saw that hit an environmentalist’s spike.  How the coverage is written is important.  Comp is normally only on duty coverage. Case law in Pennsylvania says that volunteers are covered from time of dispatch until the first stop on the way home from the call.  If the agency self insures or uses a risk sharing pool, like DVIT,  and the responder has not been officially dispatched or made a routine stop on the way home (even for gas) the coverage may not be there.  There may also be a dispute as to what constitutes dispatch—a page from the Emergency Communications Center might count more than a telephone tree activated by a call to a member’s phone or an answering service.  There is also the question of Public Safety Officer’s Death Benefits.  If you are not classed as an emergency responder you don’t qualify.  If a medical event (such as a heart attack or stroke) does not occur within 24 hours of end of official duty activities you don’t qualify.  The federal benefit is approximately $275,000 lump sum for death or permanent disability, Pennsylvania adds another $176,000 and full scholarships to state universities for survivors under 22, including members of the Guard called to state or federal duty.  

 

Comp is not liability insurance.  If the lady dragging logs had run over a civilian, liability and medical coverage by the organization, the member, and the sponsoring state agency would have paid out, and if the lady was not qualified to log her immediate supervisor who was training her would also have been liable.  A good lawyer could have pressed a case for gross negligence based on not clearing the area of civilians and improper supervision of a trainee.  

 

One reason we have separate liability is that somebody, somewhere, will screw up sometime and lawyers go after everybody.  A $1000 for insurance beats hundreds of thousands for lawyers when the problem arises.  Two local fire companies were sued by the lawyers of residents at a local penitentiary for not putting a resident set fire out fast enough, which resulted in their clients suffering smoke inhalation.  The township was willing to pay off since its losses are capped by state law but the fire companies’ insurer spent several hundred thousand to beat the claim and avoid setting a precedent.  Pick your carrier with care and make sure they protect the insured.   Lastly, remember the liability carrier is insuring people actions, not horse actions.  If a member’s horse does damage we are covered under the principle that the owner is responsible for the horse’s actions at all times and we are responsible for the owner while on duty.  We urge our members to obtain horse liability coverage through a state or other equine council where a million of secondary coverage is available for maybe $50 per year versus minimum premiums for primary coverage of $2--300 per year.

 

Irv Lichtenstein

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From: msar-riders-bounces@lists.ibiblio.org [mailto:msar-riders-bounces@lists.ibiblio.org] On Behalf Of Philip & Bonnie Easley
Sent: Tuesday, February 24, 2009 8:37 AM
To: Mounted search and rescue
Subject: Re: [MSAR] MSAR insurance policies

 

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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