Mounted search and rescue

[ilichten1@verizon.net]

First, get a lawyer to read the Texas EALA and find out if either contributory negligence (shared responsibility for the consequences) or shared liability applies( deep pockets pays all the bills).

Second, yur liability package should bve designed for a SAR team, not a horse association.  Many activities you will perform are not horse

related at all.  Unless you are a government agency and perhaps exempt under the sovereign immunity statutes you will be sued and need to defend

yourself.

 

We use VFIS, an insurer who specializes in volunteer fire and EMS organizations.  There are others that specialize in EMS only and some others that do fire-rescue.

In addition to what your horses, their owners, and their equipment might do you are liable for the following categories of activities in most states:

1. professional decisions of officers in conducting search or rescue

2. workman's compensation for members or employees

3. malpractice (even for unregulated first aid)

4.directors' and officers' conduct as representatives of your organization

5. criminal behavior, including DUI, by persons identified as being memebrs or employee

6.fiduciary responsibility (accounting, fraud, embezzlement, practices, investments)

7.other peoples stuff--borrowed, lost, stolen, destroyed, damaged,
8.landlord--as owner of property or host organization at events or fundraisers you have a responsibility to attendees.

 

In many cases organization insurance coverage may be limited to official duties or on-duty time.  The comp carrier for 7 townships and about 32 fire companies considers

the administrative meetings of the fire companies not "on duty" and refuses to pay claims relating to such meetings. Others only cover from dispatch to available time on real missions and do not cover training or fund raisers, conferances, etc.

 

There are other types of liability, such as vehicle operation, general liability, care and custody, hauling, that are not usually covered by the organization

as primary insured.  I also carry mortality, personal liability, and an excess liability policy on my horse, state required insurance on my vehicle and trailer and

renter's/homeowner's for some personal property.  Workmans' compensation is provided by state law in PA for fire rescue organizations through the township

where their offices are.

 

By the first of the year PA will be licensing SAR teams as special operations EMS provider agencies and requiring medical direction and insurance, dispatch through

a 9-1-1 center, and interoperation with regional communication systems.

 

Irv Lichtenstein

SE PA SAR

May 23, 2011 01:31:29 PM, msar-riders@lists.ibiblio.org wrote:

I am a member of the East Texas Mounted Search and Rescue.   Our board of directors has decided we don’t need liability insurance because the Texas equine liability law releases us from everything.  I know that isn’t true, but I’m trying to gather up information to prove to them we should be insured.  Can you tell me if your groups are insured, and why or why not.  Thanks in advance.