Care, Custody, Control: “I Board Horses: Liability if a Boarder’s Horse Dies.”

You run a small boarding barn. A boarder’s horse gets out, eats a bag of grain, colics, and dies. The boarder is devastated—and then she sues you for the $25,000 value of the horse, claiming “Negligent Supervision.” You call your Farm Liability insurer, and they deny the claim because the horse was in your “Care, Custody, and Control.”

Key Takeaways

  • GL Exclusion: General Liability (GL) covers damage to third parties (visitors). It explicitly excludes property (horses) in your care.
  • CCC Coverage is Mandatory: “Care, Custody, and Control” (CCC) is the specific endorsement that pays for the boarder’s horse if it dies or is injured due to your negligence.
  • The “Negligence” Trigger: CCC is not mortality insurance. It only pays if you messed up (left gate open, fed wrong grain). If the horse dies of natural causes, CCC pays nothing (but defense costs help).
  • Defense Costs: Even if you aren’t at fault, CCC provides a lawyer to prove you weren’t negligent.

The “Why” (The Trap): The Bailment Standard

Legally, when you accept money to board a horse, a “Bailment” is created. You are the “Bailee.” Most standard liability policies exclude property held by the Bailee.
The Trap: You think your $1 Million Farm Liability covers everything. It covers the delivery guy slipping on ice. It does not cover the boarder’s horse dying in your stall.

The Investigation: Filling the Gap

I reviewed commercial equine policies for a 10-stall barn.

Equisure / Markel

  • The Option: CCC is added as a separate line item.
  • Limits: You choose a “Per Horse” limit (e.g., $10,000) and an “Aggregate” limit (e.g., $50,000).
  • Analysis: If you board high-end jumpers worth $50k each, and you buy a $5k limit to save money, you are personally on the hook for the $45k difference per horse.

Farm Family / American National

  • The Option: Often bundled in “Farmowners” packages.
  • Warning: Check the limit carefully. Default limits are often low ($2,500).

Comparison Table: Liability Types

ScenarioGeneral Liability (GL)Care, Custody, Control (CCC)
Visitor Kicked by HorseCoveredN/A
Boarder’s Horse Escapes & DiesDenied (Exclusion)Covered (Negligence)
Barn Fire Kills 10 HorsesDeniedCovered (Up to Agg. Limit)
Boarder’s Horse Gets Sick (Natural)DeniedDenied (No Negligence)

[IMAGE: Diagram showing “Your Care” bubble excluding standard liability coverage]

Step-by-Step Action Plan

  1. Value Your Boarders: Ask your boarders what their horses are worth. If the average is $15k, buy $15k CCC limits.
  2. Check the “Aggregate”: If your barn burns down, all 10 horses die. If your aggregate is only $25k, you are bankrupt. You need $250k aggregate.
  3. Read the Boarding Contract: Ensure your contract has a “Hold Harmless” clause, but know that CCC is your safety net when that clause fails in court.
  4. Transport Note: CCC usually applies on the farm. If you trailer client horses, you need “CCC – Transport” added.

FAQ

Does CCC cover the vet bills if the horse is injured?
Yes, if the injury was your fault (e.g., cut on a protruding nail you didn’t fix).

Does this cover my own horses?
No. You cannot be liable to yourself. Your own horses need their own Mortality/Medical insurance.

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