Related Claims Provision
What this clause says
All Claims arising out of the same Wrongful Act or out of a series of related, repeated or continuous Wrongful Acts shall be deemed a single Claim first made at the time the earliest such Claim was made.
What this actually means
A related claims provision collapses several claims arising from the same conduct into one claim, attached to the earliest policy year. That saves you the extra retentions and costs you the extra limits, and which effect dominates depends entirely on the size of the underlying exposure.
What it means for an operator
In senior care the recurring test is whether a systemic failure counts as one act. If a night shift was understaffed for six months and four residents were injured in that window, broad relation language pulls all four into a single claim in the earliest year, against a single limit. Read the definition of related or interrelated wrongful acts: narrow language ties relation to a common nexus of fact or circumstance, while broad language reaches any logically or causally connected act. The provision also interacts badly with the retroactive date, because a cluster relating back to a year before your retro date can fall outside coverage entirely even though the later claims were made while the policy was in force.
Program notes
Expect resistance on the abuse coverage part specifically, where carriers have strong reasons to want every allegation traced to one perpetrator treated as a single claim.
Why the Policy Checker does not score this
This term is worth understanding and cannot be checked from a declarations page. There is no single field that would answer it, and scoring it from an assumption would produce a confident wrong finding, which is the one thing a tool like this must never do. It is defined here and left out of the check.
See this in your policy
Check this term against your own program.
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Common questions about this clause
- What does a related claims provision do on a nursing home policy?
- What is a per resident aggregate and should I want one?
- What happens if the retroactive date on my nursing home policy is wrong?
- Is a resident on resident altercation covered, or does the assault and battery sublimit capture it?
- Does my senior living policy still have a communicable disease exclusion?