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Senior Living Liability

TL;DR

  • A business owners policy packages property and general liability for ordinary small businesses at an attractive price.
  • Most of them exclude professional services, which in a care setting means the rendering of care.
  • A claim that a resident was harmed by inadequate care is a professional liability claim, so the exclusion removes the only coverage that matters.
  • The two questions to put to your agent in writing are short, and the answers decide whether you are insured at all.

Line of coverage

Why a business owners policy is usually the wrong purchaseit is cheaper because it excludes the exposure you actually have

This is the most consequential coverage error in small senior care, and it is not usually anyone acting in bad faith. A six-bed residential care home looks, to a generalist agent, like a small business with a building and some liability exposure. The packaged policy that fits a landscaping company or a small retailer appears to fit, and it is priced accordingly.

It does not fit, and the reason is a single exclusion. What makes a care home a care home is that staff deliver personal care to residents. That activity is professional services, and most packaged forms exclude professional services in their entirety.

The result is an operator paying real premium for a policy that will decline the only claim they are realistically going to have.

Last updated

Who this applies to

Small operators most of all: residential care homes, adult family homes, board and care, small assisted living, and new home care agencies. These are the segments a generalist agent is most likely to place on a packaged form, and the segment where the resulting gap is most complete.

01

What a business owners policy actually is

A packaged form combining commercial property and commercial general liability, sold to small businesses that fall inside an eligibility box on size, class and occupancy. It usually bundles business income, some crime coverage and a set of small extensions.

The general liability part covers bodily injury and property damage arising from the premises and from operations. A visitor slipping in the lobby is squarely within it. So is a delivery driver injured on the property.

It is genuinely good value for the businesses it was designed for, which is why it exists and why agents reach for it.

What it is not is a professional liability policy. General liability across every industry excludes professional services, because professional exposure is underwritten and priced separately. That is not a defect in the form; it is a defect in applying the form to a care operation.

02

Why senior care is not the general case

In almost every other small business, the premises exposure is the main exposure. In a care setting it is a rounding error next to the care exposure. A resident who develops a pressure injury, falls during a transfer, receives the wrong medication, or elopes is harmed by the delivery of care rather than by the condition of the floor.

The claim will be pled as negligent care, negligent assessment, negligent supervision or failure to meet the standard of care. Every one of those is a professional services allegation, and every one of them lands inside the exclusion.

The eligibility question compounds it. Some packaged programs are not intended for licensed care occupancies at all, so an operator can be outside the eligibility box in the first place, which raises questions about the application answers as well as the coverage.

Abuse and molestation is a second complete gap. Packaged forms rarely carry an abuse grant, and in this class it is the exposure most likely to produce a severe claim.

The small operator is the least equipped to detect any of this. There is no risk manager, the certificate looks like insurance, and the gap surfaces at the worst possible moment.

03

Where it goes wrong

The professional services exclusion, which is the whole problem in one clause. Read it and see whether it reaches the rendering of or failure to render professional or medical services.

No abuse and molestation coverage, or a token sublimit with no defense obligation.

Occurrence-versus-claims-made confusion when moving from a packaged form to a real senior care program. Retroactive dates and prior acts have to be handled at the transition, or a gap opens over the period you were on the packaged form.

Eligibility and classification. If the operation was classified as something other than licensed care, the application record becomes a problem separate from the coverage question.

Limits sized for a small business rather than for a claim involving a death. A packaged limit is not a senior care tower.

No regulatory defense coverage, so a survey or licensure proceeding is funded entirely out of pocket.

04

What to actually do

Send your agent two questions in writing, today. First: does this policy cover a claim that we failed to provide adequate care to a resident, and if so, name the coverage part and the form number. Second: is abuse and molestation covered or excluded, and if covered, what is the sublimit and does it include defense.

Insist on the answers in writing rather than by phone. If they come back qualified or vague, that is your answer.

Read the exclusions page of the liability form yourself and look for professional services. It is usually one paragraph and it is not hard to find.

If the answer is that care is excluded, get to a market that writes senior care professional liability. The premium will be higher and it will be buying something rather than nothing.

Handle the transition deliberately. Ask the replacing market for prior acts back to when you began operating, and if it will not offer that, price the alternatives before you move.

Do not let the current agent talk you out of asking. An agent who placed a care home on a packaged form either did not know or did not check, and neither is a reason to trust the reassurance.

Follow-up questions

The business owners policy problem: what operators ask

Our agent says we are fully covered. How do I check?

Ask for it in writing, naming the coverage part and form number that would respond to a claim that a resident was harmed by inadequate care. A verbal assurance is not a coverage position and cannot be relied on later. If the written answer is qualified, or points at general liability without addressing professional services, you have found the problem.

We have run for years with no claims. Does this matter?

It matters more, not less. A clean history means the gap has never been tested, and it also means you are an attractive risk to a market that actually writes this class. Operators discover this exclusion when they have their first serious claim, which is the one moment when discovering it is useless.

Is a business owners policy ever right for a senior care operation?

The property side can be perfectly appropriate. The problem is the liability side standing alone. Some operators end up with a packaged property policy plus a separate professional liability policy, which works if the two are coordinated. What does not work is a packaged policy on its own.

How much more will proper coverage cost?

More, and how much more depends on state, setting, acuity, census and loss history, which is why this site publishes ranges rather than quotes. The useful comparison is not the premium difference; it is that one of the two policies responds to the claim you are actually likely to have and the other does not.

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