• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Neighbor's loose livestock causes fatal injury to my horse

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

loneoak

Junior Member
What is the name of your state? FL

My neighbor left her paddock gate open and the pony and goat inside it got loose, galloped across a field that separates our properties and ended up inside my paddock. The end result was that my horse got a fenceboard lodged deeply into his chest. After 4 weeks of around the clock treatment and care (by me), he lost the battle and had to be euthanized. Her homeowners insurance contacted me the day of the incident and they have built a claim. They are waiting for the final vet, fence damage and removal service bills from me. I haven't sent anything yet and have not signed anything.

A friend has advised me to contact and file a claim with my own insurance company instead of working with the neighbor's insurance company, because, with my own insurance, if they deny any or all of the claim, I have legal recourse with them because of our contract together. Do you agree or not, and why or why not?

Is it possible to file a claim with my own insurance only for the parts that the neighbor's insurance denies?

Thanks so very much for your help.
 


claimlaw

Member
loneoak said:
A friend has advised me to contact and file a claim with my own insurance company instead of working with the neighbor's insurance company, because, with my own insurance, if they deny any or all of the claim, I have legal recourse with them because of our contract together. Do you agree or not, and why or why not?

Is it possible to file a claim with my own insurance only for the parts that the neighbor's insurance denies?

Thanks so very much for your help.
Unless you have Farm or Equine policy that specifically covers your animals you don't have a claim with your insurer.

Even if you do have a policy that covers this loss, ALWAYS pursue the tortfeasor first!

If the neighbor's company is talking to you then you should be able to collect. Your pursuit of the tortfeasor renders any contractual relationships moot since you have no obligation to your neighbor's insurer.

If after some reasonable period of time you cannot settle the loss to your satisfaction with the neighbor or their insurer, you can always make the claim with your insurer. After confirming that you are covered for the loss[TODAY], I would casually, CASUALLY, let your agent know of the incident[IN THE NEXT FIVE DAYS] but advise that it appears the neighbor is going to step up in the matter.

Unless this is a very expensive horse, this should be easy.

How did the fence board arrive in the horse and how much money are we talking about?
 

loneoak

Junior Member
Thanks very much, claimlaw, for your advice. Yes, he's an expensive horse. I did contact my own ins. company, and, as you suspected, "pets" are not covered. Final bills have been sent in to neighbors ins. company. We'll see. Thanks so much for your help.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top