GRIEVING OWNER'S INSURANCE WARNING AFTER DEATH OF HER HORSE
Updated: Sep 29
A woman whose horse was put to sleep after a dog sent him crashing through an electric fence was staggered to find her insurer’s standard procedure was to cancel her policy upon the death of the horse – ending her right to the legal cover she needed to pursue a claim against the dog’s owners.
Katie Smart was heartbroken when 12-year-old George suffered a catastrophic injury in June after being harassed by a white German shepherd while he was grazing in a paddock.
It was Katie’s worst nightmare because she had pleaded with the dog’s owners to put him on a leash shortly before the tragedy happened.
When the dog’s owners subsequently refused to take responsibility for their inaction, Katie knew the only way to get justice for George was through legal action, but she found her insurance wouldn’t cover her.
She was subsequently forced to navigate the legal system without support and had to file through the small claims court.
Even so, furious Katie was determined that the insurance company ought to admit the wording on their policy documents was unclear, which they did – only to then have the legal firm reveal she wouldn't have been covered because George was not “in her care” when the accident happened.
“If your horse is attacked by a dog you have to be riding or leading the horse at the time of the attack for the horse to be considered under your care,” explained Katie.
“Even though my partner and I were there, and we witnessed the attack as we were doing duties at the yard, which we would argue does constitute caring for the horse, we were told we were not covered.
“If you're not touching the horse, you're not entitled to legal cover.”
Shocked but undeterred, Katie continued to push for compensation for the loss of her beautiful, stubborn and loyal horse who would do anything asked of him.
“He was amazing. We barrel raced, we did dressage, horseback archery, horse agility, liberty work. He would do anything.
“People talk about heart horses or soulmate horses, and George really was a heart horse. So, it was a really hard loss.
“Now I can talk about his death whereas in June, July, even into August, I couldn’t. He's left a big, big gap in our lives.”
The horror accident, that ultimately claimed George’s life, occurred on June 1st when a couple and their dog were permitted to camp on the grounds of the Nottinghamshire yard where Katie and her partner Rob stabled their horses.
“The dog had been spotted bothering horses that morning,” said Katie. “We were there in the afternoon and we spotted the same dog still off the lead with no owner with it.
“The dog was in with our other horse, Milo, who stood his ground. Rob actually went into the field to rescue the dog from being harmed.
“The dog wasn’t attacking our horses, but he wanted to chase them. Of course, horses can’t differentiate between a dog that's friendly and a dog that’s a predator likely to cause them harm.”
Rob took the dog to the owners, telling them they ought to keep it on a leash or at least under control.
“About 10 minutes later, we were just about to fetch George from his paddock, when Rob shouted across the yard that we needed to go quick, because George was bolting and careering around his field.”
Sadly, by the time they reached the paddock, George had gone skidding into the electric fencing. Katie saw the damage done to his tendon sheath and immediately knew it would be no easy fix.
Her fears were correct, and following consultations with specialist vets, Katie and Rob agreed that the kindest thing to do would be to let George go.
Unbelievably, the dog’s owners at first refused to believe their pet could have been responsible for such an injury. Then, after conceding to the truth of the situation, they subsequently performed a U-turn when compensation was mentioned.
Naturally, Katie contacted her insurance company – a leading horse insurer – only to be told that as the policy was cancelled her right to legal cover was void.
Katie and Rob have now taken the matter to the Ombudsman arguing that the ‘standard procedure’ of cancelling a policy on the death of a horse, and in doing so closing the door to legal cover, was incorrect and that the wording on the legal cover was also so vague it was clearly open to interpretation.
“I would urge everyone to be careful when buying insurance,” said Katie. “Read the exclusions and the terms and conditions. The jargon that insurers use is not always easy to understand, and a lot of the exclusions are worded by the underwriters in such a way that it's not always clear what you are and are not entitled to.
“I’m sure over the years many people have been in a similar situation and just walked away, but I am not that kind of person.”
Grieving for her horse while wanting some kind of justice for what he had been through, Katie filed a complaint with police – but despite immediate action being swift, she had to chase the officers to keep progress moving.
After writing to the Chief Crime Commissioner’s Office, the sergeant who was overseeing the officers involved stepped in and action was taken.
Katie's case won in the small claims court where she was awarded compensation. The dog’s owners did offer an apology and did show remorse for what had happened.
“It was very stressful, but I feel we got justice for George in the end. He didn't become just another horse that was attacked and died and nothing happened,” said Katie.
“The fact is, this wasn’t a vicious dog that attacked George, but a dog that wanted to play, which is why more education is needed.
“People don't realise that the dog-horse relationship is one of predator and prey, and if your dog hasn’t got faultless recall, it needs to be on a leash around horses otherwise it causes serious accidents.”
In December last year, the British Horse Society reported that there had been a 111% increase in reported incidents between horse riders and dog owners over a two-year period,
As well as George’s untimely death, two more tragic cases hit the headlines last month involving horses and dogs.
On the north coast of Cornwall, a cob cross called Nellie suffered serious injuries when an off-the-lead dog bit her numerous times.
The dog’s owners walked off, essentially leaving the cob for dead, as well as a second horse injured.
Despite the best efforts of vets, the 15-year-old mare had to be put to sleep on August 27.
Also in August, this time in Scotland, a 10-year-old gelding called Sunny had to euthanised after a dog attack left the horse with its “jaw hanging off.”
It’s these kinds of statistics and horror stories that convince Katie that more needs to be done to educate the public.
“I have lost horses from old age before, and this is completely different, in such a dramatic way, that it’s traumatic,” said Katie.
“The bond I had with George was like a bond I've never had with a horse before. So, for us, it was the same as losing a human family member.
“Because his death was so sudden, it was the hardest thing. It was a feeling of profound loss.”
To learn more about Katie and Rob's Robin Hood themed business, click here.
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