32/ APRIL 2021 THE RIDER Getting Through This – Together!


As we enter 2021, the in-


dustry is facing new challenges as Government and Health offi- cials publish (ever) changing guidance surrounding COVID- 19. Because we are hearing ques- tions again from our clients, we felt it was appropriate to send out an updated set of Q&As. By now, you will know that


neither CapriCMW Insurance Services Ltd. nor your Provin- cial/Territorial equine association have the authority to open, close or modify the operations of your business. The best we can do is offer insurance / risk manage- ment related information and refer you to local government au- thority to get the most current de- tails of what is “allowed” and what is “not allowed” in your area.


What we can also say is that


insurers around the world have adjusted their policies to exclude claims related to the spread of the COVID virus. As you move for- ward in your 2021 business plan- ning, you should assume that you will not be insured if someone al- leges they contracted the virus at your place of business or from you directly. From a risk manage- ment standpoint, this means es- tablishing specific COVID


protocols, determining whether or not engaging with clients at this time is a good idea and using robust risk forms that address the full scope of risk of receiving service from you (including the spread of communicable dis- ease).


Please read through the fol-


lowing Q & A. If you have any questions not addressed here, please let us know and we will be happy to respond.


For Commercial Equine En- terprise Operations, Clubs, Coaches, Trainers


1. If I establish acceptable pro- tocols with the guidance of my local health authority, is my in- surance


coverage with


CapriCMW in force? Your insurance policy as


administered by CapriCMW has not changed and has been in full force and effect throughout the COVID-19 pandemic. What con- tinues to change is government oversight restricting the move- ment of people and the operation of many business enterprises. In some areas of the country, gov- ernment officials are allowing ac- tivity but have made it very clear that return to activity comes with


specific guidance and protocols to ensure everyone stays safe and healthy.


2. As an equine industry profes- sional, I am aware of the evolv- ing risks associated with COVID-19. Should I get my clients to sign new acknowl- edgement of risk forms that ad- dress this? The short answer is “yes”.


The best forms are those that ad- dress the general risks associated with equine activity and note that there is a possibility of disease being present at the farm, horse show, lesson etc. Just remember that the use of such forms is not a guarantee that a claim will not be brought against you. These forms are only one of many com- ponents in an effective risk man- agement strategy. The following are examples of forms that we are seeing in the industry:


a. Acknowledgement of Risk form


A form that should be fa-


miliar to most readers that speaks to general bodily injury/property damage risks associated with equine related activity. This form is updated to include reference to “disease” and “communicable


disease”. There is a form for per- sons over the age of majority and a separate form for those under the age of majority.


b. Daily Attestation Form The general guidance on the


use of this form is that it be signed EACH TIME a client is receiving service from you or at- tends at your place of business. Having a daily form helps to show the courts that you are un- dertaking a regular pattern of risk management for the benefit of your client if a claim were to emerge later.


c. Facility Form This form is useful for


boarding places and facilities where clients may attend on a regular basis. This is not a daily form.


d. Specific Event Form As the name implies, this


form would take the place of the Facility Form if you were to run a “one of” event (show, clinic etc.)


3. Can these forms be signed electronically? From an insurance perspec-


ingly acceptable but suggest that you refer to your legal counsel in this regard to discuss the implica- tion if you were sued.


4. How long do I need to keep these forms? The forms need to be stored


for several years. We suggest again that you refer to your legal counsel for their advice.


5. Are insurers going to cover claims arising from COVID-19 allegations brought against my business or me? Insurers are now issuing


specific exclusions surrounding bodily injury claims arising from COVID 19. This is an under- standable position given the mag- nitude of this global pandemic. In the mid-term (a few years from now perhaps when a vaccine is truly in wide use), insurers may come back to the table as they have in the past when other world-wide calamities strike. As you engage in activity with your customers, you should assume there would be no coverage for COVID claims so that your risk management and mitigation plans are robust.


tive, “e-signatures” are increas- 6. I understand I am not cov-


ered for COVID claims, but is the rest of my policy still valid? The policy is in full force


and effect for all insured risks as detailed on documentation is- sued… as long as you are not breaking the law. Your Provincial and Na-


tional Equine Sport Organiza- tions continue to offer assistance to the community by offering general best practice guidance that considers the overall health and welfare of everyone involved – including the horse. Please visit your Provincial Equine Associa- tion website for COVID re- sources. If you are in doubt of


whether you are operating your business in compliance with gov- ernment regulations, you should consult local authorities. Many regions have set up toll free hot lines for businesses to answer questions specific to COVID. If you can find such a resource in your region – use it. If you have any further


questions, we are here to help. Contact us by email for any COVID related questions at equine@capricmw.ca.


Sincerely,


Michael King, Partner CapriCMW Insurance


In Memoriam Jumper Development Classes 2021


Lookout Louie is a 5-year-old gelding, 16.1+ and still growing. He is


looking for a second career as a hunter/jumper with a patient rider to work him through the levels. Louie is a sweet guy and very athletic but can be a handful at times so will require a very experienced rider to reach his true potential. If you are interested in meeting Lookout Louie, please contact LongRun


sponsors in the future to encourage the development of young jumpers. Please visit our website for updates: www.foxruninc.ca


order: Sherry & Alan Chesler, Mike Grinyer, Phil Henning, Jim Lishman, Charlie Ormston, Christine & Augustin Walch, Dieter Werner. Our group welcomes additional


and 6 year old horses. Five year olds will be judged for style and perform- ance. Six year olds, will have a jump off for the top six in their second class. High point winners of each age group will be presented with a cooler and keeper tray, as well as their name in- scribed on a perpetual trophy. Total prize money will be $3500 for these 4 classes. Our sponsors in alphabetical


indoors at Iron Horse Equestrian Com- plex in Burlington. Covid-19 permit- ting, we will once again have World renowned course designer Mr. Werner Deeg of Germany. There will be 2 classes each for 5


months I reached out to some of the original committee members to see if there would be interest in memoriam jumper development classes. The idea was very well received. The plan is to have these classes annually at one of our events. The date for 2021 is October 2/3,


our former jumper development com- mittee members, Dale Hawerchuck, had passed away. After thinking about it for a few


Last summer I learned that one of


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