Are Your Birds an Insurance Liability?

Abstract

[Note: Are you one of many bird oumers in the United States who raises a few babies a year to place in good homes? Do you consider this a home business? If not, you probably have a regular bomeoumers insurance policy. If someone comes to your home to buy a baby bird and sustains an injury by slipping and falling on your doorstep, will that injury be covered by your bomeoumers policy? For important, eyeopening information, read the following article by Kashmir Csaky, breeder of Hyacinth and Scarlet Macaus.l

M y life is seldom exciting. Like most aviculturists, I spend most of my days cleaning bird cages and taking care of my avian friends. My husband and I do all the other mundane things that most people do, such as paying our electric bill, taxes, mortgage, and the premiums on our homeowners insurance policy. We have paid our homeowners insurance premiums on time for the past 18 years or so. In that time, we have made two insurance claims. The first claim was made many years ago when our roof was damaged by hail; the second when a tree fell on our utility shed during hurricane Fran. The damage was minor and the claim was small. So, you can imagine our surprise when State Farm Insurance Company informed us last fall that they were considering not renewing our homeowners policy in January.

No Renewal

When I asked my agent, "Why?" I was told, "I understand that you are breeding birds in your home. The home office is concerned that they are a liability exposure. They might peck

 

someone in the eye." He also said that State Farm expressed some fear that the birds could make people sick. I was told that he needed to inspect my home. I wanted this matter cleared up as soon as possible.

The agent, Jim Goff, came to my home November 6, 1997, two days after the telephone conversation. I had a total of 20 birds in my home at the time of the visit. There was one baby, two pairs of breeding birds-they are kept in an area that only my husband, my veterinarian, and I are permitted to enter-and 15 pet macaws. Anyone who has ever been to my home can

 

attest to the fact that it is kept clean. I clean cages and wash bowls twice a day. The home inspection was obviously just a formality.

On November 26, I was informed that my homeowners policy would, in fact, not be renewed. A little later, I received a letter from State Farm's Eastern Office restating what my insurance agent had told me on the telephone.

Search for Insurance

I began to search for another insurance company. I called a some friends in the area who also breed birds. They told me that they were insured with Scott Insurance-an independent firm that handles many insurance carriers. I called Scott Insurance and was informed that none of their carriers would insure anyone breeding any kind of animals. I then called my friends back, so that they would be aware that their insurance company would drop their policy if they found out about the birds.

Scott Insurance suggested that I call

 

Leech and Hicks, Inc. Leech and Hicks were quick to tell me that they could not insure me either. In fact, their carriers would not insure anyone who sold anything from their home. They were kind enough to take the time to let me know that most insurance companies will not insure in-home businesses.

Call a Lawyer

I now found myself in a very difficult situation. Under the advice of Dr. Brian Spear, DVM, I contacted a lawyer in California that he knew. He told me that insurance companies can create policies as they choose. He mentioned that he was insured with Cal Farm, and that this company did not object to aviculturists. He suggested that I try to find out if there was something similar in Virginia.

Success With the Farm Bureau

My next step was to call Dr. Ken Warthen, DVM. I figured if anyone would know, it would be Ken. Ken recommended that I get in touch with the Farm Bureau of Virginia. The Farm Bureau offers its members many services including insurance. I am pleased to say that I now have a homeowners policy with the Farm Bureau. They also are attempting to find a carrier that will provide me with business liability insur - ance and even coverage for my birds in case of theft or fire. I am not sure that I will ever need tires for a tractor, but the Farm Bureau does offer its members many other benefits and there are Farm Bureaus in most states.

 

PDF