Memory care
Is a resident on resident injury treated as an assault claim?
Frequently yes, and that is the single most important wording question in a memory care program. When one resident injures another, the claim against the community is about assessment, placement, care planning and supervision. In substance it is professional liability and plaintiff counsel pleads it that way.
But many assault and battery endorsements apply to any claim arising out of assault or battery, extend to acts or omissions in connection with preventing or suppressing such acts, and add that the sublimit applies regardless of whether the claim is pleaded as negligence. That last phrase is drafted specifically to defeat the negligence argument.
Read the trigger language rather than only the sublimit number. Two programs quoting the same sublimit can provide very different coverage.
Last updated
More memory care questions
Is elopement covered under our policy?
Elopement is not a named peril. Coverage turns on the professional services definition and on whether a wandering or premises security exclusion has been attached.
What do underwriters want to see from a memory care operator?
Controls, documented. Behavioral assessment, unit-level staffing, secured egress testing, de-escalation training and a practiced missing resident protocol.
Can we negotiate a carve-back for resident behavioral incidents?
It is a defensible request: claims arising from the behavioral expression of a diagnosed condition are professional liability in substance, not intentional torts.
Does a secured unit reduce our premium?
The hardware alone does not. The testing record, the drill log and the missing resident protocol are what underwriters actually price.
What happens if a resident elopes and is not harmed?
It is still a reportable event in most states and it still ends up in the record an underwriter and a plaintiff will read.
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.