Bankruptcy Laws Allow Owners Of Assisted Living Facility To Ignore $1.2M Judgment Against Them
The $1.2 million judgment North Carolina Superior Court Judge, James Ammons handed down in a 2006 negligence trial will literally amount to nothing after the owners of the Countryside Villa run-for-cover under North Carolina's bankruptcy laws. The large verdict against the assisted living facility was awarded to Joe Cooper, a Marine Corps Veteran, who suffered a concussion, respiratory failure that required a breathing tube and the loss of several teeth in a incident that occurred at the facility in 2003. In addition to the facilities responsibility for Mr. Cooper's injuries related to the specific episode, Judge Ammons also concluded that...
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Nursing Home Staff: Does Your Facility Love You? If So, They Would Properly Insure You.
Long before summer parties have begun, some nursing home owners are getting into a limbo contest of their own-- how low can they go with respect to the liability insurance they carry for their facility. In terms of liability insurance coverage, many facilities are electing to completely forgo such insurance or obtain such negligible coverage that provides mostly for the 'cost of defense' -- to pay lawyers to defend them. These are termed 'eroding' or 'wasting' where the cost of defense is deducted from the policy limits. Hence, if a facility had a $500,000 eroding policy and there were...
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