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FR
Court reverses $20M ruling against assisted living insurer
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Business Insurance
Court reverses $20M ruling against assisted living insurerAn assisted-living specialty insurer has won a reversal of a $20 million judgment tied to the 2012 death of an elderly assisted living resident, after Florida’s First District Court of Appeal found the insurer’s policy was never triggered because no formal claim was made while the policy was in effect.
The ruling, National Assisted Living Risk Retention Group v. Henry Walton Bishop, III, was issued Wednesday by Judge Lori S. Rowe, with Chief Judge Timothy D. Osterhaus and Judge Rachel Nordby concurring.
The underlying case traces back to July 2012, when Henry Walton Bishop Jr., an 87-year-old resident of a Florida-based facility operated by J&S Assisted Living and Consultant, wandered away unsupervised and was struck and killed by a logging truck.
NALRRG appealed, arguing the trial court wrongly found that a claim had been made under the 2012 policy.
The trial court concluded that this constituted a claim, but the appeals court said it only constituted “notice of an injury or occurrence that might lead to a claim.”