Thousands of owners from all over Britain have been shocked by the realisation that they could suffer the same fate as David Irvine, the Scot who faces possible bankruptcy after his horse kicked out and caused severe injury in the paddock.
Until the accident, which took place three years ago at Wolverhampton, owners were under the impression that any liability would rest with trainers who are insured for such an event.
This turned out to be only partially true after Chris Kinane, assistant to Ian Williams, the Midlands trainer, was kicked by Saameq.
Lawyers acting for Kinane's family are suing Irvine, the majority owner of Saameq, and Ian Semple, the Scottish trainer. The latter was insured, although he could still be held legally responsible for the injuries suffered by Kinane.
Irvine was not insured, though, and may end up bankrupt as a result of the legal action which is due to go to court this year.
Irvine had to lodge disclosure documents by today or have judgment entered against him.
Semple confessed that the incident and its aftermath were a major part of his decision to quit as a trainer. He has since stepped down and will now act as assistant to Linda Perratt.
As a consequence of the new situation, the Racehorse Owners Association has negotiated a way out for its members among the 16,000 registered owners in the UK by including third party liability insurance as a new benefit in its annual membership from January 1, 2008.
Michael Harris, the chief executive, said: "The tragic accident of Chris Kinane has left many racehorse owners concerned about the risk of a claim - and potentially a multi- million pound claim - being brought against them by a third party for which they have no insurance protection or inadequate protection.
"There is a requirement for racehorse trainers to have public liability insurance, but there is no mandatory requirement for that cover to extend to owners who may also be exposed to a claim when their horse is resting away from the training yard or is being kept at home."
The new insurance benefit follows an agreement between the ROA, Newmarket brokers Lycetts Hamilton and QBE Insurance (Europe) Limited. The indemnity is up to a maximum of £10m per individual claim.
The ROA represents most major racehorse owners, but plenty of smaller owners do not belong to the association and are not covered by the new insurance. More details are at www.racehorseowners.net nKelso, voted the Best Small Racecourse in Scotland and the North East by the Race-goers Club, hopes to get the all-clear to race after a course inspection this morning and, if so, it will be another day for the heavy going specialists.
The course management are trying to re-establish their feature, the Morebattle Handicap Hurdle, sponsored by Miller Homes, as a vehicle for leading hurdlers, and the £25,000 race has some decent performers on show today.
Torkinking, Bywell Beau, Astronomic and Mohayer (1.40) are just four of the major contenders. The last named, who can be very useful on his day, needs to be held up for a late flourish and maybe he will get his head in front this time after his run of four place efforts in his last five races. Selection 1.40 Mohayer
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