Laoban Co-Owner Sues Mortality Insurers Over Alleged ‘Wrongful Denial’

A co-owner of the deceased stallion Laoban (Uncle Mo) is suing a collective of insurance providers in an alleged wrongful denial of coverage case for failing to pay out on mortality policies in the aftermath of the 8-year-old's sudden death 10 months ago.

The civil complaint was filed Mar. 22 in Kentucky's Fayette Circuit Court. Paulick Report first broke the story.

According to the court filing, Cypress Creek Equine, LLC, wants the defendants–North American Specialty Insurance Company, XL Specialty Insurance Company and Underwriters at Lloyd's, London and Lloyd's Kentucky, Inc.–to pay an undisclosed sum that includes mortality coverage, compensatory damages, court costs and attorney fees.

According to the lawsuit, “On May 24, 2021, the healthy stallion Laoban, partially owned by Cypress, died unexpectedly in Fayette County, Kentucky, after being given vitamin and mineral supplements.”I

Laoban, whose only win from nine starts came in the 2016 GII Jim Dandy S. at Saratoga, retired after that season with earnings of $526,250 and stood at Sequel Stallions in New York. As TDN's Sid Fernando recently reported, Laoban “initially stood for $7,500, but he was a hit with his first 2-year-olds–ending up second on the 2020 first-crop list behind Uncle Mo's Nyquist–and was moved to WinStar in Kentucky for the 2021 season at a $25,000 fee.”

The sire of 10 black-type winners, Laoban's first crop included Grade l winner Simply Ravishing and Grade II winner and multiple Grade l-placed Keepmeinmind.

Laoban is also the sire of Un Ojo, who upset the GII Rebel S. last month at 75-1 odds. That one-eyed gelding is currently listed as an “on the bubble” horse in the most recent TDN Top 12 rankings for the GI Kentucky Derby, but he is third on the official qualifying points list. Cypress Creek Equine owns Un Ojo.

“At the time of the death, Cypress was insured for the death by mortality insurance policies issued and/or adjusted by the Insurers,” the filing stated.

“In a letter dated August 4, 2021, the Insurers wrongfully denied Cypress mortality coverage and therefore an actual controversy exists pursuant to [Kentucky state law],” the filing stated.

“The denial was alternatively based on provision(s) in the policies which are ambiguous and/or must be construed to afford coverage to Cypress pursuant to its reasonable expectations of coverage,” the filing stated.

The defendants could not be reached for comment prior to deadline for this story. They have 21 days from the filing of the suit to respond in court.

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Ricky Courville Joins TDN Writers’ Room

Heading into the GII Rebel S. a lot of people may not have known the name Ricky Courville. That's the way it is when you're a small-time trainer based in Louisiana who, going into the Rebel, had never had a graded stakes winner, let alone one in a $1-million race.

They know who he is now. Courville pulled off the upset of the year when winning the Rebel with 75-1 shot Un Ojo (Laoban), a one-eyed horse who now has enough points to make it into the field for the GI Kentucky Derby.

Courville was this week's Green Group Guest of the Week on the TDN Writers' Room presented by Keeneland to tell his story and the story of a horse who has surpassed all expectations after losing by 24 lengths in his first career start.

A former jockey who began training in 2008, Courville went to work for owner Cypress Creek Equine, breaking babies and training some of their cheaper horses. Eventually, owner Mike Moreno started giving him some of his better horses to train. But Courville didn't make the trip to Oaklawn for the Rebel, leaving his son Clay in charge. He tried to watch the race on his phone, but said the picture froze.

“My son calls me and he's just screaming on the phone, he's just hollering and screaming,” Courville said. “Then I started getting texts and phone calls for hours after the race. I never got to watch the race until 10:00 that night.”

Courville said the fact that Un Ojo is missing his left eye hasn't caused any serious problems.

“Running, he's fine,” he said. “Handling him around the barn is different. You have to watch it because it's on the side you handle him from, on the left side. Actually, when he first came in, he was really, really timid and he would brush up on you. He put himself against you where he could feel you because he couldn't see you. He wouldn't walk on the side, he'd walk behind you and nudge you with his nose all the way around the barn. But on the track, it took him a long time to really get comfortable. He was maturing late, but once he started running there haven't been any problems. He'll go inside, outside. It doesn't matter to him.”

Courville said that Un Ojo will run next in either the GI Arkansas Derby or the GI Toyota Blue Grass S.

Elsewhere on the show, which is also sponsored by Coolmore, West Point Thoroughbreds, XBTV, the Pennsylvania Horse

Breeders Association and Legacy Bloodstock, the writers discussed the latest twists in the Bob Baffert story and speculated whether or not he will win his legal battle and be able to compete in this year's GI Kentucky Derby. They also discussed last week's stakes action and the story of D. Wayne Lukas winning the GIII Honeybee S. at Oaklawn with Secret Oath (Arrogate) and previewed this coming weekend's action.

Click here to watch the podcast; click here for the audio-only version or find it on Apple Podcasts or Spotify.

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‘Oath’ No Secret, But Measuring Her Talent a Pleasant Conundrum

The Week in Review by T.D. Thornton

Secret Oath (Arrogate)'s big winning move despite trip trouble in Saturday's GIII Honeybee S. at Oaklawn Park launched the 3-year-old filly to the forefront of conversation just at the precise time the sport needs a little diversion from anything having to do with lawsuits, trainer banishments, and the GI Kentucky Derby.

There is no question that the D. Wayne Lukas trainee looms large atop the leaderboard for the GI Kentucky Oaks and that her 86-year-old conditioner isn't crazy for at least considering running her against males next time out in the GI Arkansas Derby.

But if you want to drill down for a more precise prognostication as to where Secret Oath truly ranks in the always-intriguing fillies vs. colts debate and if she might be good enough to run in the Derby instead of the Oaks, you're going to have to come up with a measuring stick that doesn't appear to be available at the moment.

Comparing her 7 1/4-length Honeybee romp against the performance of males in the GII Rebel S. three hours later on the same Oaklawn card is a non-starter. The Rebel rates as the “chaos race” of the season so far among Derby preps because the 4-5 favorite was a no-show in an otherwise so-so field, and the slowly-run race was won by an improbable one-eyed gelding who paid $152.80.

Likening Secret Oath to Althea, the champion filly for Lukas four decades ago who also raced at Oaklawn (and beat the boys in the Arkansas Derby) should also be a no-go, at least for the time being. Obviously, Althea is from a much different generation. But even then, she was such an anomaly that her past-performance block reads like that of a racehorse from an entirely different planet when you consider how often Lukas raced her and how early in her career she lined up in the starting gate against males.

We'll have to let the next few weeks be the chief determinant in how Secret Oath's story arc plays out, knowing that whichever path Lukas sends her down, her next start is going to have a “circle the date” aura surrounding it.

Secret Oath entered the Honeybee with a 3-for-5 record, having won a Dec. 31 allowance race and the Jan. 29 Martha Washington S., both at Oaklawn, by a combined 15 1/2 lengths. She got pounded to 3-10 favoritism Saturday and appeared content to be last away in the Honeybee, given her natural running style as a stalker/closer.

Jockey Luis Contreras allowed the Briland Farm homebred to creep closer down the backstretch through opening quarters of :23.15 and :23.92, a brisk pace that seemed to be working to Secret Oath's off-the-pace advantage. But by the far turn, Contreras's patience contributed to his filly getting pocketed behind the two caving speedsters while an advancing rival to the outside kept the favorite locked and blocked, forcing Contreras to snatch up the reins in a ride-the-brakes type of maneuver.

Five sixteenths out, Contreras realized he had no choice but to dive inside of the tiring leaders. And when Secret Oath saw a glimmer of daylight through that narrow gap, she kicked on like a pro at the head of the lane. Never seriously threatened through the stretch, she won while kept to task but never fully extended.

Secret Oath's final time of 1:44.74 for 1 1/16 miles translated to a Beyer Speed Figure of 92, one point shy of her career-best effort. It's worth noting she carried five pounds more than the second- and third-place fillies.

Lukas indicated post-race that Secret Oath is nominated to both the Arkansas and Kentucky Derbies. The GIII Fantasy S. on the Apr. 2 Arkansas Derby undercard would be the conservative against-fillies option if he opts not to take on the boys.

Advocates for running in the Arkansas Derby will point out that Secret Oath's clocking and speed number trumped what was to follow six races later in the companion stakes for 3-year-old males. Oaklawn's third race in its quartet of Kentucky Derby points-earning preps is usually a pretty intriguing affair. But this year it might go down as the aberrational “Rebel without a cause,” which is why it's best to hold off on any claims that Secret Oath would have crushed that field had she been entered in that spot instead.

Rain had moved into Hot Springs by the time the feature race arrived, and although the track was still listed as “fast” for the Rebel, it would soon require sealing and a downgrade to “sloppy” for the final race. The un-California-like conditions would be eventually cited as a possible excuse for trainer Bob Baffert's ship-in fave Newgrange (Violence), who appeared primed to pounce after a trouble-free stalking trip but instead retreated to sixth.

The 75-1 Un Ojo (Laoban) saved ground every step of the way, rallied briefly at the quarter pole, then appeared to regress. But Un Ojo re-awakened late with an out-of-nowhere spurt of energy to snatch victory from the 15-1 Ethereal Road (Quality Road), who had been ambitiously entered by Lukas off a 19-1 maiden win in career start number four. The final time was 1:45.69, nearly a full second slower than Secret Oath's clocking; the Beyer (84) was also eight points lower.

Ethereal Road gave up serious real estate while hooked four wide on both turns, yet led from the quarter pole until 50 yards from the wire. He certainly punched his ticket to the Arkansas Derby, leaving Lukas to ponder over the next month whether he wants both his top filly and top colt aiming for the same race.

In the meantime, expect those comparisons to Althea to percolate–even if they're still off the mark.

Althea broke her maiden on June 22, 1983 at Hollywood Park. She ran second 17 days later in the GII Landaluce S., then wheeled back two weeks after that, beating the boys by 10 lengths in the GII Hollywood Juvenile Championship. When the racing switched to Del Mar, Lukas continued the pattern of aiming Althea against both fillies and colts, and she responded by winning both the GII Del Mar Debutante (by 15 lengths) and the GII Del Mar Futurity, just 10 days apart.

After a mix of firsts and seconds against fillies at Santa Anita in the fall, Althea closed out her 2-year-old season by attempting the mixed-sex Grade I double of the Hollywood Starlet (first) and Juvenile (sixth). Althea started 1984 with Santa Anita stakes victories against fillies, then shipped to Oaklawn for the Fantasy, where she finished a fast second despite encountering significant trip trouble.

Back then, the Fantasy was run the week before the Arkansas Derby. Lukas spent most of that week saying he wouldn't enter Althea against the boys. He did anyway.

Althea toyed with the Arkansas Derby field, drawing off to win by seven lengths while equaling the track record at the time. Afterward, Lukas admitted he had planned all week to run his star filly in that spot, but that he had chosen not to tell anyone until the day the race was drawn.

Thirty-eight years later, on the day after Secret Oath's win, Lukas remained uncommitted to a plan beyond saying he'd take it one race at a time.

Sunday, Lukas at first told the Oaklawn notes team that “I don't know what we're going to do,” before later adding, “Right now, she would be in the Fantasy and Ethereal Road would be in the [Arkansas] Derby.”

But you never know. The man is entitled to change his mind.

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Un Ojo Rallies Late To Cause Rebel Boilover

A one-eyed horse, as his name would imply, Un Ojo (Laoban) took the shortest way around over an increasingly rain-affected Oaklawn main track, and found his best stride in the final 50 yards, outfinishing an unlucky Ethereal Road (Quality Road) to cause a 75-1 upset of Saturday's GII Rebel S. in [not-so] Hot Springs.

Ridden for pace from his inside draw, Kavod (Lea) dueled inside of heavily favored GIII Southwest S. hero Newgrange (Violence) passing under the wire for the first time and made the running just off the inside through an opening couple of furlongs in :23.42. Un Ojo scraped paint from midpack early on, then was slipped a bit of rein by Ramon Vazquez to ease into third as the Rebel field reached the half-mile marker.

About the same time that John Velazquez began to get serious aboard the previously unbeaten Newgrange, Vazquez was after Un Ojo to take a shot up the fence approaching the entrance to the stretch. Unable to take full advantage at that juncture, Un Ojo was shuffled back to about fourth position as Ethereal Road, trapped out for the entire trip, rolled up outside of Newgrange to make a line of three about three-sixteenths from home. Despite doing it toughest over what appeared a very sticky surface, Ethereal Road hit the front at the furlong grounds and looked as if he was home free, but Un Ojo found his second wind closest to the rail with a sixteenth of a mile to race and was home narrowly best. Barber Road (Race Day) raced in the slipstream of the eventual winner for much of the race, lost a bit of momentum when swerving toward the fence nearing the final eighth of a mile and attacked the line to just miss second. Newgrange could do no better than sixth.

Un Ojo graduated at second asking for this trainer at Delta Downs Nov. 5 and was fourth on 15 days' rest in the Jean Lafitte Futurity before joining the barn of Tony Dutrow to take advantage of the state-bred program in New York. A narrowly beaten and troubled second in the New York Stallion Series S. at Aqueduct Dec. 18, the March foal was exiting a strong finishing runner-up effort behind Early Voting (Gun Runner) in the modestly rated and widely criticized renewal of the GIII Withers S. at the Big A Feb. 5.

“I've loved this horse since Day 1. I knew he had the talent to be this kind of horse. I always had the confidence in him. He just improved so much every single day, every single race. This is a dream come true. Two strong efforts in his last two races. Closed really well in the last two races with (trainer) Mr. Anthony Dutrow, who has done a great job with the horse. He sent him down here for us to run and he came here. We were hoping he would close good. He kind of laid a little closer than we thought. He grinded away today.”

Pedigree Notes:

Un Ojo is the first graded winner and fourth stakes winner overall from the second crop to the races for the late Laoban, who passed away at the age of eight last May. He is the sire's 10th black-type winner and third winner at the graded level overall.

Southern Equine Stable, who raced Laoban to a 27-1 upset in the 2016 GII Jim Dandy S., acquired the colt's multiple stakes-placed dam for $40,000 with this foal in utero at the 2018 Fasig-Tipton New York Fall Mixed Sale at Saratoga. Risk a Chance is a daughter of GSW Seeking the Ante, whose four-time stakes-winning daughter Mineralogist (Mineshaft) produced SW Can You Diggit (Tiznow). Un Ojo's third dam was dual-surface Grade I winner Antespend, acquired by Chester and Mary Bromans' Chestertown Farm for $900,000 as a horse of racing age at the 1997 Keeneland April Sale who became the dam of the Bromans' GI Florida Derby hero Friends Lake (A.P. Indy). Risk a Chance's last listed produce is a 2-year-old colt of this year by Ghostzapper, sire of Southern Equine's 2014 GI Whitney S. winner Moreno.

Saturday, Oaklawn Park
REBEL S.-GII, $1,000,000, Oaklawn, 2-26, 3yo, 1 1/16m, 1:45.69, ft.
1–UN OJO, 117, g, 3, by Laoban
                1st Dam: Risk a Chance (MSP, $139,825), by A.P. Indy
                2nd Dam: Seeking the Ante, by Seeking the Gold
                3rd Dam: Antespend, by Spend a Buck
1ST BLACK TYPE WIN, 1ST GRADED STAKES WIN. O-Cypress
Creek Equine LLC; B-Southern Equine Stables, LLC (NY); T-Ricky
Courville; J-Ramon A. Vazquez. $600,000. Lifetime Record:
6-2-2-0, $776,321. Werk Nick Rating: A+++. *Triple Plus*
Click for the eNicks report & 5-cross pedigree.
2–Ethereal Road, 117, c, 3, Quality Road–Sustained, by War
Front. 1ST BLACK TYPE, 1ST GRADED BLACK TYPE. ($90,000
Ylg '20 KEESEP). O-Aaron Sones; B-Paul Pompa (KY); T-D.
Wayne Lukas. $200,000.
3–Barber Road, 117, c, 3, Race Day–Encounter, by Southern
Image. ($15,000 Wlg '19 KEENOV). O-WSS Racing, LLC; B-Susan
Forrester & Judy Curry (KY); T-John Alexander Ortiz. $100,000.
Margins: HF, NO, 1 1/4. Odds: 75.40, 15.80, 6.50.
Also Ran: Kavod, Chasing Time, Newgrange, Dash Attack, Ben Diesel, Stellar Tap, Cairama, Texas Red Hot.
Click for the Equibase.com chart, the TJCIS.com PPs or the free Equineline.com catalogue-style pedigree. VIDEO, sponsored by TVG.

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