Johnson, developmentally disabled, requires a personal care assistant. In November 2005, while supervised by an assistant from North Country Home Care, Inc., he was blinded in his left eye by a BB gun given to him by the assistant.
At the time of the injury, North Country had coverage through ACE for both general liability and professional liability. The policy was in effect until June 2006 (when North Country ceased operations). Johnson reported his claim to North Country’s last president and then to ACE.
ACE denied coverage in August 2009, determining that the profession-alliability coverage covered only claims made before the policy’s termination. (Johnson no longer seeks recovery for professional-liability.) ACE also denied general-liability coverage, citing the exclusion for: “Any loss, cost or expense arising out of ‘bodily injury’ to your patients.”
Judge(s): William D. Benton
Jurisdiction: U.S. Court of Appeals, Eighth Circuit
Related Categories: Construction , Contracts , Health Care , Insurance
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