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Old 04-15-2016, 11:19 AM
 
71,584 posts, read 71,730,589 times
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yep , they picked it up but who would have thought he would be liable for someone who cuts across the grass and does not use the path by choice , a wrong choice even if they did not get hurt .
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Old 04-15-2016, 12:42 PM
 
Location: SW US
2,218 posts, read 2,035,670 times
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Quote:
Originally Posted by Pitt Chick View Post
Independent living is much different than assisted living.
People in assisted living have neither doormats nor gnomes.
This is not necessarily true.
My mother had renters insurance for her assisted living apartment. I believe it included both contents and liability. Someone could have come in and tripped over the furniture and sued.
She had an outdoor patio and could have had a doormat if she had used the patio.
Life goes on in assisted living...
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Old 04-15-2016, 01:02 PM
 
Location: NC Piedmont
3,911 posts, read 2,878,614 times
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Quote:
Originally Posted by Pitt Chick View Post
Independent living is much different than assisted living.
People in assisted living have neither doormats nor gnomes.
As I said, it may mean different things to different people.

here is one resource:
What is Assisted Living? - How Can I Find Assisted Living Near Me?
Quote:
A relatively new concept 25 years ago, today assisted living is the fastest growing long-term care option for seniors. Assisted living facilities, with their wide range of services, provide a senior housing solution for adults who can live independently, but also require some assistance.
One place that is near me calls themselves an assisted living facility but differentiates between independent residents and residents requiring "full time licensed assistance". The idea is that you get graduated care as you receive more services. Some of the units are cottages and you do see a few personal touches around front doors of many units.
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Old 04-15-2016, 02:54 PM
 
Location: Ponte Vedra Beach FL
14,628 posts, read 17,929,938 times
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Quote:
Originally Posted by sunshinyday View Post
Recently we moved our parents into assisted living. As we are selling the house, I realized they have an umbrella policy to protect themselves financially. They also have a revocable trust which covers most of their assets.

I wasn't going to get them renters insurance since they don't have much in the way of valuables where they are now, but I am not sure if they still need the umbrella insurance or if the trust is enough. Not sure if there is much in the way of liability but you never know.

I'm wondering if others have dealt with this situation and what the best approach is?

Thanks for any thoughts or advice.
My father lives in an independent senior living facility (rental). He has money. He has both a renter's policy and a $5 million umbrella policy. Neither is particularly expensive.

At least in Florida - assets in a revocable trust are subject to execution like those you own in your own name.

Will a revocable trust provide asset protection for me in Florida?

I honestly don't know why anyone would have a revocable trust in Florida (perhaps there are reasons in other states).

BTW - even if someone doesn't drive a car - there are lots of accidents involving things like motorized scooters in senior facilities these days. Several in my father's place in the last year or two where people sustained serious injuries after being knocked down by incompetent drivers.

So buy the insurance. Robyn
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Old 04-15-2016, 05:03 PM
eok
 
6,684 posts, read 3,170,983 times
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Originally Posted by mathjak107 View Post
yep , they picked it up but who would have thought he would be liable for someone who cuts across the grass and does not use the path by choice , a wrong choice even if they did not get hurt .
Maybe he wasn't really legally liable. But maybe he didn't have a competent lawyer. Finding a competent lawyer is like finding a needle in a haystack.
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Old 04-15-2016, 06:07 PM
 
Location: NC Piedmont
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Quote:
Originally Posted by eok View Post
Maybe he wasn't really legally liable. But maybe he didn't have a competent lawyer. Finding a competent lawyer is like finding a needle in a haystack.
I think it is more like avoiding the dull needles in a stack of needles and if you can find a really sharp one, that's a bonus. Most lawyers are competent IME. Some aren't and lots of us dislike what some of the most competent ones pull off so much it is easy to throw stones.
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Old 04-16-2016, 04:49 AM
 
Location: Ponte Vedra Beach FL
14,628 posts, read 17,929,938 times
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Quote:
Originally Posted by eok View Post
Maybe he wasn't really legally liable. But maybe he didn't have a competent lawyer. Finding a competent lawyer is like finding a needle in a haystack.
When you have a liability insurance policy - the company has a duty to defend you and provide you with a lawyer if you're sued for something the policy covers. So you'll usually wind up with an experienced defense attorney. Robyn
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Old 04-16-2016, 04:50 AM
 
71,584 posts, read 71,730,589 times
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yep , he got the insurer's attorney since it was their money at risk .
basically once there are injury's on your property you are liable , that is pretty much it in a nutshell .

they felt he should have had that filler cap fenced or roped off , even if on his lawn . kids could run across it , the gardner , etc ,all could have contact . the fact this person should not have been on the lawn was irrelevant .

one thing you have to be aware of is the higher the insurance limits you have the more likely the suite against you if it warrants it will be higher and higher .

umbrella policy limits are the low hanging fruit . many times whatever the value is ends up being the target of the suit .

after a point adding more and more insurance coverage only costs you more money and increases the target size on your back . if you had lower limits the goal post many times gets moved closer .

Last edited by mathjak107; 04-16-2016 at 05:09 AM..
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Old 04-16-2016, 05:50 AM
 
Location: Ponte Vedra Beach FL
14,628 posts, read 17,929,938 times
Reputation: 6716
Quote:
Originally Posted by mathjak107 View Post
yep , he got the insurer's attorney since it was their money at risk .
basically once there are injury's on your property you are liable , that is pretty much it in a nutshell .

they felt he should have had that filler cap fenced or roped off , even if on his lawn . kids could run across it , the gardner , etc ,all could have contact . the fact this person should not have been on the lawn was irrelevant .

one thing you have to be aware of is the higher the insurance limits you have the more likely the suite against you if it warrants it will be higher and higher .

umbrella policy limits are the low hanging fruit . many times whatever the value is ends up being the target of the suit .

after a point adding more and more insurance coverage only costs you more money and increases the target size on your back . if you had lower limits the goal post many times gets moved closer .
Since the plaintiff was legally on the premises (not a trespasser) - she was owed the highest duty of care by the owner. Also - it's reasonably foreseeable that someone on the premises would walk on the lawn (kids run across our lawn every year at Halloween). I don't have a problem with the case you described (then again - I used to do a lot of personal injury work before I retired).

Various defendants - especially doctors - have limited or no insurance these days. So plaintiffs' lawyers have gotten used to going after personal assets/income as opposed to insurance these days. In fact - there are lawyers who specialize in this type of collection. It's really a fairly easy process (and a judgment is good for 20 years in Florida). So - if you have money - it's stupid to go without insurance. If you're judgment-proof - that's a different story. Robyn
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Old 04-16-2016, 09:12 AM
 
Location: Howaboutno?
178 posts, read 115,326 times
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Quote:
Originally Posted by Windwalker2 View Post
This is not necessarily true.
My mother had renters insurance for her assisted living apartment. I believe it included both contents and liability. Someone could have come in and tripped over the furniture and sued.
She had an outdoor patio and could have had a doormat if she had used the patio.
Life goes on in assisted living...
Who's seating these juries that are awarding these cases against seniors in ALF's? What attorneys are taking these cases even? Or are we just being silly here?
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