Login

Login to Producer Online
Login to Westbend Producer Online



Volume 115

JULY 2016

Is there an occurrence when the injury was intentional?

Ms. Walker, an Alzheimer's patient, was struck by a fellow patient at Magnolia Estates. Two months later that same resident struck her again, but this time several of her bones were broken. Her family sued Magnolia for its negligence for not properly protecting Ms. Walker. Magnolia presented the suit to Cincinnati Insurance, but it denied coverage for two reasons. The first argument was that there was no occurrence and the second was that the incident was excluded because it was both expected and intended.

Click here to see if the courts agreed that Magnolia had no coverage for their alleged negligence.

 

What is an occurrence?

The term "occurrence" is one of the most important terms in a coverage form because without an occurrence there is no coverage. The ISO CGL definition of occurrence requires that there be an accident. Cincinnati argued that Ms. Walker being struck was not an accident and therefore it could not be an occurrence.

Click here to review a PF&M discussion of the term "occurrence" when used in personal or general liability coverage forms.

 

Writing nursing homes requires vigilance

Nursing homes provide round the clock care for very vulnerable individuals. Some are physically fragile but mentally alert while others are physically strong but mentally impaired. Administrators, nurses, aides and other service providers oversee the care of each patient based on the specific needs.

This class of business could be a very attractive niche due to the growing number of homes and the anticipated future needs due to the aging population.

Click here to review the producer's commercial lines risk evaluation system narrative on nursing homes and consider the opportunities in your area.

 

Lead with the need

Nursing homes have many specific needs so prospecting with that need in mind can be very important. Extra expense coverage is particularly important because a nursing home cannot stop serving its patients following a property loss. Extra expense coverage can provide the money that allows a nursing home to put its emergency plans into effect.

Click here to review a business building letter focusing on extra expense coverage that you could tailor specifically to nursing homes.