Question
Read the case study presented at the bottom and provide an essay that answers the following questions. Provide references of less than 5 years. What
Read the case study presented at the bottom and provide an essay that answers the following questions. Provide references of less than 5 years.
- What provisions of an insurance policy would you consult to determine if an insurance company should pay such a claim, and what would the limits of the liability be?
- Is the nursing home insurance company correct in saying that this is a professional judgment issue?
- Which insurance company (the nursing home's or that of the administrator of the nursing home, assuming she has coverage) should pay the court-ordered judgment?
- How would you decide the case?
During an unexpected heat wave, the administrator of a nursing home decided against turning on the air conditioner, which resulted in the death of four of the residents of the home. One of the deceased residents daughters brought a lawsuit against the home for a wrongful death suit. She was awarded a judgment of $275,000. She then filed a second lawsuit against the nursing homes insurance company to collect payment on the judgment. The insurance company refused to pay, stating that the judgment underlying the lawsuit was professional liability and the insurance company did not cover the nursing home for professional judgment. The nursing home then filed a lawsuit against the insurance company for payment of this judgment.
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