Colm Santry, the sales and nominations manager for Coolmore, gave evidence that it was extremely rare in the industry to guarantee live foals.
But google "live foal guarantee" and the first line of the wiki entry says, "Live foal guarantee is a common provision in horse breeding contracts."
I don't pretend to know anything the breeding industry but if I was shelling out the sort of money they pay I'd want some sort of guarantee or insurance.
Con must have a case. Keep us informed how it pans out.