Does a Landlord's Insurance Cover Resident Injuries at an Assisted Living Facility?
Does a Landlord's Insurance Cover Resident Injuries at an Assisted Living Facility?
A recent federal lawsuit in Florida is a hard lesson for anyone who owns the real estate under an assisted living facility, nursing home or memory care community.
According to the underlying lawsuit, a resident with dementia wandered into an unlocked kitchen at an assisted living and memory care facility, entered a walk-in freezer, became trapped, and died after suffering severe hypothermia. The family sued the facility's operator. They also sued the company that owns the building and leases it to the operator.
In October 2026, the landlord's insurer, Kinsale Insurance Company, filed a declaratory judgment action in the U.S. District Court for the Middle District of Florida. Kinsale is asking the court to rule that its policy provides no coverage, that it has no duty to defend, and that the landlord must pay back the defense costs Kinsale has already paid. None of the allegations have been decided, and the court has not ruled on Kinsale's position.
What kind of policy did the landlord have?
The landlord carried a commercial general liability policy written as "Lessor's Risk Only," or LRO. An LRO policy is built for a property owner who leases a building to someone else. It covers the owner's exposure as a landlord, such as a visitor slipping in the parking lot or a vendor injured by a building defect. It is not designed to cover the tenant's business operations.
This policy also included an endorsement titled "Exclusion - Injury to Patient or Resident." It removes coverage for bodily injury "arising directly or indirectly out of, related to, or in any way involving" any patient or resident of the premises. A second exclusion applies to injuries arising from providing, or failing to provide, health care services, supervision or treatment.
Is the insurer right?
In my view, Kinsale has the stronger argument. The exclusion is broad, the person injured was a resident, and the lawsuit itself accuses the landlord of failing to provide "care, assistance, shelter, supervision, and medical services." In Florida, the duty to defend is generally decided by comparing the allegations in the complaint with the policy, so that language matters.
Some people ask whether an exclusion like this leaves the landlord with no real coverage at all. It doesn't. An LRO policy still responds to injuries to visitors, family members, vendors, delivery drivers and the tenant's employees, and to third-party property damage. It was simply never priced to cover resident care, and the premium reflects that.
Why this matters for owners of senior care real estate
If you own a building leased to an assisted living, memory care, skilled nursing or behavioral health operator, assume your lessor's policy excludes resident injuries. Plaintiff attorneys will still name you as a defendant, because you own the property and you may have assets.
That means your real protection comes from the operator's insurance program and from your lease. Most owners have never looked closely at either one.
Five questions to ask about your coverage
Are you named as an additional insured on the operator's policies? Ask for the endorsement itself, not just a certificate.
Does that additional insured status extend to the operator's professional liability, or only to general liability? Many senior living policies combine GL and PL but limit additional insured coverage for landlords to the GL side. A resident injury claim against you could then fall into a gap between the two policies.
Is the coverage primary and non-contributory, so the operator's policy responds before yours?
Does your lease require the operator to indemnify and defend you, and to carry professional liability limits that match the risk?
If the property company and the operating company have the same owners, is the property company a named insured on the operator's PL/GL program? This setup is common, and in that case relying on a separate LRO policy is often the wrong structure.
The bottom line
Landlords shouldn't need to buy their own professional liability insurance. But they do need to know whose professional liability policy stands in front of them when a resident gets hurt, and whether that policy actually covers them.
If you own or operate senior care property and want a second set of eyes on your lease insurance requirements, your additional insured endorsements or your operator's PL/GL program, our healthcare team at Centurion Insurance Services reviews these regularly. Call me directly at 304.993.8393.
Source: Insurance Business, "Kinsale fights assisted living coverage after patient freezer death," October 10, 2026.
https://www.insurancebusinessmag.com/us/news/risk-compliance-legal/kinsale-fights-assisted-living-coverage-after-patient-freezer-death-592994.aspx
This article is for general information only. It is not legal advice and does not change the terms of any policy. Coverage depends on actual policy language and the facts of each claim.
