Skip to content
Senior Living Liability

Memory care

Can we negotiate a carve-back for resident behavioral incidents?

It is worth asking for, and it is a defensible request rather than an exotic one. Behavioral expressions of dementia are clinically expected features of the conditions memory care exists to serve, so a resident on resident incident is a professional liability claim about assessment and supervision rather than an intentional tort.

Ask first for a carve-back so those claims are treated at the full limit. If a carve-back is unavailable, ask for a materially higher assault and battery sublimit with its own aggregate, sized against the fact that this is a core rather than peripheral exposure.

Underwriters respond to the same evidence here as on abuse: behavioral assessment protocols, unit staffing, de-escalation training records, and a documented process for reassessing residents whose behavior changes.

Last updated

Free coverage review

Send the declarations page and get the version that applies to you.

An item-by-item read from a specialist within one business day. No marketing sequences, no list rental.