Nursing homes concerned about growing exclusions in liability insurance

They're also worried that insurers might make exemptions that are too broad

Nursing homes concerned about growing exclusions in liability insurance

Insurance News

By Lyle Adriano

Although COVID-19 restrictions have begun to ease, some nursing homes in Canada are concerned that recent changes to their insurance policies could leave them on the hook for lawsuits should their senior residents be somehow infected.

Last week, Nova Scotia Premier Stephen McNeil and chief medical officer Dr. Robert Strang announced that residents of care homes will soon be allowed to receive up to five visitors while outdoors, and one visitor while indoors.

But Continuing Care Association of Nova Scotia president Michelle Thompson told CBC News that several of the association’s nursing homes and residential-care facilities are considering either a “scaled-back version” version of the visitation rules, or outright deferring them.

Thompson explained that some nursing homes that have recently renewed their insurance coverage have been advised by their insurers that they are not covered for outbreaks such as COVID-19. The exemption could leave those care facilities, their staff, and volunteers liable should a lawsuit be filed against them related to an infection case.

“It just puts some facilities in a compromised position because of the time of their renewals,” Thompson told CBC News. “That liability insurance is not available to them.”

The nursing home association president added that some care facilities even lost several members of their board of directors over fears that they would be held liable for infection cases.

Nursing Homes of Nova Scotia Association executive director Michele Lowe also shared concerns that some of the new insurance exemptions on contagions are too broad. The director added that the exclusions are written in such broad terms that influenza – a yearly health issue – may no longer be covered under the language.

“There are some members that have volunteer board of directors who are absolutely not comfortable moving forward with this and they will be waiting to get some further clarification from government before they will be extending those visits,” said Lowe.

CBC News reached out to the Nova Scotia government for comment. The government said in an email that the province was first informed of the issue in late June by the Nursing Homes of Nova Scotia Association.

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