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Insurance for Retaliation Claims Against Long-Term Care Facilities: Managing Risks Against SNFs, Directors, Employees

A live 90-minute CLE video webinar with interactive Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Tuesday, September 16, 2025

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

Early Registration Discount Deadline, Friday, August 22, 2025

or call 1-800-926-7926

This CLE webinar will offer guidance about the critical insurance coverage issues and strategies that must be considered when retaliation claims are alleged against skilled nursing facilities or other long-term care providers, their directors, administrators, and employees—usually under the entity’s professional liability or employment practices liability policies.

Description

Retaliation claims usually mean that a resident alleges that their injury was the consequence of having made a complaint against the facility or staff members, and not merely the result of negligence. These claims may enable a higher recovery or the opportunity to improve care. Retaliation claims, whether made under common law or pursuant to anti-retaliation statutes or regulations, can put insurers and policyholders in a difficult position.

If insurers attempt to deny coverage based on an exclusion for intentional conduct or willful violation of laws, and the denial is contested, they risk establishing highly probative evidence of the policyholder's liability for the injury, creating a conflict of interest requiring independent counsel, and pouring a foundation for punitive or exemplary damages, regardless of whether coverage exists.

If the coverage is found to exist, the insurer may have to defend and then indemnify an even larger amount, plus respond to a potential claim for bad faith. If denial of coverage is sustained, then the policyholder will find itself uninsured and could face insurmountable evidence of liability. Even the plaintiff has risk when asserting these claims and must weigh the opportunity for potentially greater relief—both monetary and non-monetary vindication—against the risk of an uncollectible judgment.

Listen as our renowned panel discusses strategies for managing the insurance implications of retaliation claims against long-term care providers and their directors, administrators, and employees.

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Outline

  1. What are retaliation claims?
  2. Anti-retaliation statutes
  3. Types of policies that provide coverage
  4. Relevant exclusions
  5. Policyholder strategies when bringing retaliation claims
  6. Insurer strategies when defending retaliation claims

Benefits

The panel will review these and other important questions:

  • What types of exclusions will insurers most likely assert?
  • Do exclusions for willful violation of statutes always include retaliation claims?
  • Can liability be allocated between negligence and intentional conduct?

Faculty

Henry, Katherine
Katherine J. Henry

Partner
Bradley Arant Boult Cummings

Ms. Henry is the Chair of the firm’s Policyholder Insurance Coverage Team. She regularly advises Fortune 10 and...  |  Read More

Attend on September 16

Early Discount (through 08/22/25)

Cannot Attend September 16?

Early Discount (through 08/22/25)

You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video