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Senior Living Liability

TL;DR

  • A fall complaint typically alleges both a premises condition and an inadequate assessment or care plan. That is one incident touching two coverages, and it is the most common serious claim in the industry.
  • How your program handles that overlap decides whether a claim is defended or argued about.

Comparison

Combined form versus Split between carriers

Should general liability and professional liability sit on one policy?

Whose decision: Any operator whose program is being restructured, and anyone whose broker is proposing a split to save premium.

Last updated

Side by side

FactorCombined formSplit between carriers
Coverage dispute risk on a boundary claimRemoved; one carrier, one formReal; each may characterize the claim as the other coverage
Defense coordinationSingle appointed counsel and strategyTwo carriers, potentially two counsel, potentially two reservations of rights
Limit structureOften shared, which is simpler but means one claim consumes bothSeparate limits per coverage
Availability at large limitsCan be constrainedSometimes the only way to build a large tower
PremiumUsually comparable or better once normalizedCan appear cheaper on a line-by-line comparison
Administrative burdenOne renewal, one submissionTwo of each, on different dates

The recommendation

Combined, from a single market, unless capacity makes it impossible

The argument for combined is not tidiness, it is that splitting creates a dispute between your own two insurers at the moment you most need a united defense. That dispute costs money directly and delays a coordinated strategy, and plaintiff counsel notices.

Where market conditions force a split, usually at larger limits or in hard states where no single market will take the whole thing, insist on two things: matching wording between the two policies so the same claim is not treated differently by each, and a written defense cost sharing agreement agreed at binding rather than negotiated during a claim.

While you are there, check the professional services definition on whichever form carries it. A narrow definition reintroduces the boundary problem inside a single policy, which is the same problem with fewer participants.

Follow-up questions

Combined form versus Split between carriers: what people ask next

Which claims sit on the boundary?

Falls most often, because a complaint alleges both a premises condition and an inadequate fall risk assessment. Elopement is another, alleging both physical security and supervision failures.

Should the limits be shared or separate on a combined form?

Separate is better if available, because a shared limit means a professional claim consumes the premises limit too. Combined with separate limits is the structure to ask for.

Go deeper

Free coverage review

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