D22—Lancaster Farming, Saturday, February 21,1981 Court rejects lawsuit over horse put to sleep * ■■■'<* the policy LTTITZ A Federal Court in Maryland recently rejected a claim by owners of a standardbred horse which was “put to death” without the approval of the m surancfe company or a certificate from a veterinarian stating that immediate destruction was necessary. The Court also cited the owners’ failure to preserve the carcass for inspection by the insurer as an additional ground for sustaining its denial of the claim. In the case of “Israelow v. Birmingham Fire Insurance Company of Pennsylvania,” summary judgment was granted in favor of the insurer, upholding its denial of the claim. In that case, the Israelows, residents of California, had sent the horse, Saville Road, to Penn sylvania for training. While there, he suffered a fractured cannon bone. Without notifying either the Israelows or the insurance com pany or awaiting the arrival of a veterinarian, the trainer destroyed the animal and sent it to the ren dering plant. By tiie time the veterinarian arrived, the horse had been processed. After the owners were advised of Waiver of Finance Due May 1,1981 You can get that new Gehl harvesting equipment NOW with a special Waiver of Finance program With only 30% down you can use Gehl forage harvesting equipment this season, with a final due date of May 1,1981. \ PEOPLE’S SALES ft SERVICE Oakland Mills. PA 717-463-2735 H.G. HERSHEY ft SON Manheim, PA 717-665-2271 A. L. HERR t BRO. Quarryville. PA 717-786-3521 S. JOHNSON HURFF Pole Tavern Monroeville, NJ 609-358-2565 or 609-769-2565 STOUFFER BROS. INC. Chambersburg, PA 717-263-8424 the horse’s death, they filed a claim with their insurer, which rejected the claim on the ground that the insurance policy wording required, as a condition of the insurance, that its approval be given for euthanasia, or that a licensed veterinarian certify that destruction is immediately necessary, and that in the absence of compliance with those con ditions, the loss was not required to be paid. In granting summary judgment, the Court held that there was not compliance with the policy GEHL FARM EQ.UI This special program applies toward new and unused Gehl forage harvesters, blowers, flail choppers and self-unloading forage boxes Stop in and get the full details and beat today's high interest rates Get a GehM GEHLs FARM EQUIPMENT AGWAY, INC. Chapman Equip Center Chapman, PA 215-398-2553 CHAS. 1. McCQMSEY & SONS Hickory Hill, PA 215-932-2615 WERTZ GARAGE Lineboro, MD 301-374-2672 LEBANON VALLEY IMPLEMENT GO., INC. Richland, PA 717-866-7518 CLAIR J. MYERS Lake Road R 1 Thomasville, PA 717-259-0453 jOEHLI ARNETT'S GARAGE Rt 9 Box 125 Hagerstown, MD 301-733-0515 UMBERGER’S MILL Rt 4 Lebanon, PA (Fontana) 717-867-5161 ZOOK’S FARM STORE Honey Brook, PA PETERMAN FARM EQUIPMENT, INC. 225 York Rd Carlisle, PA 717-249-5338 BINKLEY ( HURST BROS. 133 Rothsville Station Road Lititz, PA 717-626-4705 provisions, and that the insurer’s rights could not be eliminated by reason of the owners’ absence or lack of knowledge that their trainer directed the euthanasia BBBBHBHHaBB - I&& 1., HiPerForm — I The Mueller Model “OH” with HiPerForm 1 1 I cooling, Mueller-Matic Automatic Washing f ' System, and built-in freezer protection / control is the most advanced bulk milk cooler 'C Wi in the world. The nation’s most progressive j y M J < dairymen are using it. Shouldn’t you be? If 400 Gal Girton 1000 Gal Girton 400 Gal Dan Kool 400 Gal D-4 Girton, like 500 Gal Milkceper 400 Gal "M” Mueller new 400 Gal "MHL” Mueller QUEEN ROAD REFRIGERATION WE ARE ONE OF THE ORIGINAL MUELLER DEALERS meeting without requirements. In effect, the holding of the Court was that the conditions contained in the policy were important to the USED TANKS 80x67, intercourse, PA 17534 fIiAHOuITJ Phone: John D. Weaver - 717-768-9006 or 768-7111 I SERVICE J or Answering Service-717-354-4374 We Here At MOEWS SEED COMPANY Box 214, Granville, 111. 6132 Phone 815/339-2201 Not only have lots of Waxy-Maiz Hybrid Seed Corn available for the A.E. Staley Company Contracts, Grain Farmers and the Livestock Farmers, we also have a complete line of Yellow Dent Hybrid Seed Corn. We carry a complete line of Field Seeds. 3 alfalfa varieties, 3 clovers, Brome Grass, Orchard Grass, Maiz-Tim Timothy, Pasture Mix: Mix 10 and Mix 30. 6- Sorghum, Maiz Grain - Sorghum Sudan Grass, and Maiz-Chop-T a semi-sweet forage sorghum. Please Feel Free to Contact our Dealers Anytime: D. RICHARD SNYDER Rt #l, Montoursville, PA 17754 717-433-3580 OR GENE HAAS District Sales Supervisor , 4911 Bradley-Brownlee Rd. Farmdale, Ohio 44417 Phone 216/637-0749 or 638-5023 Dealer Inquiries Welcomed THE MUELLER MODELS OH, MHL, AND MW WITH HIPERFORM MAKE ALL OTHER BULK MILK COOLERS OBSOLETE SEE THE MUELLER NEW MODELS ★ 500 MW ★ 600 MW The "MW” is one of the Lowest pouring Height Bulk tanks Check with us all the new features on the "MW" bulk tank If you are in the market for a bulk milk cooler and you don't check all the advantages of the Mueller "OH” “MHL”, and "MW" you may be buying an obsolete cooler insurer, that it had the right to insist upon compliance and that the alleged extenuating cir cumstances did not excuse un comphance. THE ALL STAINLESS STEEL MODEL-C FRE-HEATER FOR ALL BUNK TANKS 1500£*L. LlkeNew
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