General Liability
Insurance for
Equine Facilitated Mental Health Programs
By Debi DeTurk Peloso CPCU
Insuring Your Equine Facilitated Mental Health (EFMH) Program
Equine facilitated mental health programs are benefiting a
wide variety of individuals with many different disabilities. Insuring EFMH operations can be challenging, since this branch of equine
facilitated therapy encompasses a broad range of treatment methods.
General Liability insurance for EFMH centers will be the subject of this
discussion.
The Markel General Liability Policy
General Liability insurance policies provide an entity with protection
against Bodily Injury and Property Damage suits. It is important that
the General Liability you select is designed and rated to protect your
center’s specific needs. Not all General Liability policies will
properly protect your individual program.
Markel offers a General Liability policy originally designed to provide
protection for entities offering therapeutic riding lessons. Over the
past 14 years, the activities offered at NARHA Centers have expanded
well beyond the traditional 1/2 to 1 hour therapeutic riding lesson.
Centers now offer therapeutic driving, therapeutic vaulting,
hippotherapy and equine facilitated psychotherapy.
While therapeutic driving, vaulting and hippotherapy still generally
consist of a 1/2 to 1 hour session, equine facilitated psychotherapy can
take many forms. Some centers offer day-long immersion programs. Most
EFMH centers utilize groundwork with the horse, sometimes exclusively,
sometimes in conjunction with riding. Many EFMH programs provide
therapy opportunities that are longer in duration and much broader in
scope than a one hour therapy session.
At this time, Markel insures many EFMH operations that provide sessions
that mirror a “traditional” riding lesson in length and exposure to
risk. Groundwork is absolutely included in the coverage Markel
currently provides,
Markel is currently unable to provide coverage for centers that have
supervisory responsibility for clients for half-day or day-long
sessions. Markel is also not currently rated to provide coverage for
vocational education and some other social services-type operations.
Equine Facilitated Psychotherapy versus Vocational Education
If your EFMH program provides vocational education for clients, Markel
is probably not the proper insurance for you. One reason is that the
Markel policy does not provide protection for suits brought claiming the
client learned unsafe or improper skills while receiving education at
the center.
Many vocational education providers also have responsibility for clients
for several hours a day, several days a week. Markel’s $525 base
premium was not rated to contemplate the risks involved with such
extended supervision. As noted above, the policy and the premium were
designed to protect centers that were responsible for clients during a
relatively short riding lesson.
“At-Risk” – A Matter of Definition
Markel defines at-risk individuals in a manner that is distinctly
different from the mental health field. In insurance, “at-risk” refers
to individuals that are assigned or referred to the center for the
purpose of punishment or deterrence. The definition also states that
the assignment or referral involves a formal agreement with a
court-operated or government-operated agency. Community service
programs are not included in this definition.
An individual who is coming to the center for therapy, not punishment or
deterrence assigned by a court or governmental agency, is not an
“at-risk” individual by insurance definition. This definition is found
on page 4 of the brochure that Markel sends to all NARHA Centers that
request a Markel insurance quote.
Clients that are “at-risk” according to mental health experts are
individuals who require therapy to help them stay on the right track, or
to find the right track. Equine facilitated psychotherapy is a very
effective tool for those deemed “at-risk” by the mental health field
definition. Your program should not be denied coverage simply because
of confusion in definitions or terminology. So, when applying for
insurance for such programs, be sure to discuss with your agent how your
clients fit or don’t fit the insurance (not the mental health)
definition of “at-risk”.
Obtaining the Proper Insurance for Your Operation
Communication between the center and the insurer is critical if the
correct protection is to be obtained. An insurance policy that is not
designed to protect your exposures will not be able to protect you when
suits arise that are outside the scope of the coverage. Or, an EFMH
program may hesitate to apply with a particular carrier thinking their
services are not covered when, in fact, a conversation with the agent
may determine it is eligible. The only way to ascertain that the
coverage you purchase is the correct coverage for you is to ask
questions, be forthcoming in your declarations and make sure your
insurer understands the entire exposures presented b y your operation.
If you have any questions about whether Markel is the right insurer for
you, please do not hesitated to contact me, Debi DeTurk Peloso CPCU, by
voice mail at 800-446-7925. I look forward to hearing from you.
