Whether you offer agility, dock diving, flyball, or any type of dog sports training, you should be aware of your primary liability exposures and how most insurance companies will respond should you have a liability claim. It is particularly important to understand how liability insurers address medical expenses/bodily injury claims that occur or arise out of your training classes. As you will see, coverage can vary depending on whether an injury occurs to your client or a random spectator, or to your client's dog. In addition, it is important to note that all general liability policies exclude injuries occurring to you or your training staff (employees/independent contractors), but you can be covered under a separate policy such as workers' compensation or occupational accident insurance.
Am I covered under my general liability policy if one of my clients or a spectator breaks an ankle or slips and falls at one of my sports training classes?
This seems like a relatively straightforward question, but unfortunately, the answer will depend on how the accident occurred, the insurer, and their insuring agreement. A general liability policy typically contains 3 major coverages, each with its own insuring agreement and exclusions: Coverage A is for Bodily Injury and Property Damage, Coverage B is for Personal and Advertising Injury, and Coverage C is for Medical Payments. Coverage's A&B is the primary liability coverage to cover you against suits for negligence on your behalf. These apply to each occurrence limit on your policy declaration page (typically $1,000,000). Coverage C Medical Payments is a goodwill coverage that pays for medical accidents, regardless of fault, to assist in avoiding lawsuits, and applies to a lower sub-limit listed on your policy declaration page (typically $5,000 or $10,000).
Since Medical Payments cover regardless of fault, one would assume that they are covered for their clients' medical injuries as questioned. But unfortunately, most insurers have an exclusion for athletic activities under Medical Payments which states "we will not pay expenses for 'bodily injury' to a person injured while practicing, instructing or participating in any physical exercises or games, sports, or athletic contests." So the question is does this exclusion apply to dog trainers while teaching dog sports?
Please note under the APDT liability policy, via Century Surety, this exclusion was never intended to exclude dog trainers who teach agility or related dog sports in their training classes, but rather to exclude you from participating in pick-up sports or athletics that are outside of the dog training profession. Per the claims adjuster at Century Surety, the insurer has never denied a dog training claim because of the athletic exclusion. In spite of this fact, due to objections raised by several APDT members, Century Surety recently modified the athletic activities exclusion to clearly state this is not applicable to dog trainers while they are instructing dog sports.
In speaking with our other companies that specialize in coverage for dog trainers, it was found that both CNA and The Hartford interpret dog sports as athletic activities and do intend to exclude medical injuries via this exclusion. If you are covered by another insurer, be sure to check with your carrier for their interpretation of their athletics exclusion, and be aware that the Medical Payments coverage under your policy may not apply to injuries arising out of your classes.
If your carrier does exclude, please be aware this exclusion only applies to Coverage C Medical Payments and does not apply to Coverage A Bodily Injury. The primary reason insurance companies have the exclusion under Coverage C is they do not wish to cover sports-related injury claims, as when you do, you essentially are giving an open checkbook to cover any ankle sprain or the like that occurs, regardless of fault. You also pick up athletic activities that have nothing to do with the business of dog training. Just because someone turns an ankle while they are running with their dog or playing sports on your property, does not make you negligent for their injuries. Coverage A is meant to cover you for negligence or claims that are your fault. Therefore most carriers including Century Surety, CNA, and The Hartford will defend you under Coverage A Bodily Injury and Property Damage, and pay these claims if you are found to be negligent (legally obligated to pay). So to finally answer the question, some insurers will cover these injuries regardless of fault while others would deny coverage unless your client can prove your negligence caused their injuries.
Am I covered if a dog in my class is injured?
Once again it will depend on the type of accident and your insurance company's insuring agreement. Under a standard general liability policy, dogs are considered personal property and unfortunately, all liability policies contain an exclusion for personal property in the care, custody, and control of the insured. Insurance companies that specialize in insuring dog trainers have added special endorsements (forms to cover dogs in your care/training classes). These endorsements differ by the insurer, so be sure to review your form.
Under the APDT liability policy, the Property Damage Coverage Extension and Veterinary Expense Coverage Endorsement provide coverage for injuries to dogs in your care while performing your work, regardless of fault (no negligence on your part). This insuring agreement provides coverage up to the care, custody, and control limit you choose ($10,000 - $200,000) when you take out the policy. This is very important in that when you are training dogs in agility or other related dog sports, they are subject to accidental injuries that are often not your fault. For example, ACL/knee injuries or a broken leg can run thousands of dollars in vet expenses depending on the type of surgical procedures and treatment plan needed. The same is true for dogs that may swallow toys, sticks, rocks, etc. while in your care.
Under almost all other dog trainer insurers' policies, the care, custody, and control exclusion is deleted via a Pet Groomer's Professional Liability Exclusion. These endorsements will cover injuries to the dogs in your care, but all would require you to be negligent for causing the injuries. In reading the various pet grooming liability endorsements, you will see none of them address vet medical expenses or non-negligent claims.
However, in addition to the liability endorsement, most of these carriers will add an endorsement under their property form titled Animal Bailee Coverage ( these insurers typically write trainers on a Business Owners Policy which includes both general liability and a property form). The Animal Bailee property endorsement forms vary from company to company, but all provide some coverage for dogs in your care, custody, and control. Veterinary medical expense coverage is also provided under some of these forms, but be careful, as it is often very limited. In reading the various endorsements exclusions some exclude attack by other animals, while others exclude "injury caused by any act or omission in the furnishing of professional services in the practice of your profession as stated in the declarations". In other words, if your profession is agility dog training and the injury occurs in an agility training class, it would not appear to be covered. So even though your property policy declarations page states you have a $10,000 or $25,000 limit for Animal Bailee coverage, you may find that the most the company will pay are $1,000, or worse, nothing at all,
Does the general liability policy cover me, my employee, or an independent contractor if we are bitten or injured while training?
Unfortunately all general liability policies, regardless of the carrier, contain exclusions that negate coverage for workers' compensation and employers' liability, thus employee injuries are excluded. And in most states, independent contractors you hire would be considered employees under your state workers' compensation statute, in which case they would fall under the same exclusions. In addition, some insurers will add an exclusion endorsement onto the general liability policy to specifically exclude injuries to independent contractors (as is the case with the APDT liability policy). The reason is the general liability policy was never intended to cover injuries to people that work for you, but rather those you work for or a third party. If you wish to cover injuries you, your employee(s), or independent contractor(s) sustain you would need to take out a workers' compensation policy or occupational accident policy.