Federal Lawsuit Challenges Insurance Coverage for Assisted Living Facility Death

A federal lawsuit was filed in Tampa concerning a death that occurred at a Florida assisted living facility. The incident involved a dementia patient who became trapped and died after wandering into an unlocked walk-in freezer. Kinsale Insurance Company, the surplus lines insurer, is asking the court to declare it has no obligation to defend or pay claims for the facility's landlord, HB Rubicon LLC, and seeks reimbursement for defense costs already paid. The underlying lawsuit began in Pasco County circuit court in May 2026.

The legal dispute centers on whether commercial liability policies cover injuries that occur on premises. The case suggests that landlords leasing to healthcare operators may find that their commercial liability policies exclude injuries that are common in such facilities.