National Assisted Living Risk Retention Group v. Bishop — Florida appeals court reverses coverage judgment because no claim was made during the claims-made policy period

Case
National Assisted Living Risk Retention Group v. Henry Walton Bishop, III, individually, and as the Personal Representative of the Estate of Henry Walton Bishop, Jr., Deceased, for and on behalf of said Estate and the survivors thereof, J & S Assisted Living and Consultant LLC, Richard Marshall, and Sabrina Marshall
Court
Florida First District Court of Appeal
Judge
ROWE, J. (appointment info not available)
Date Decided
August 5, 2026
Docket No.
1D2024-1929
Topics
Insurance coverage; Claims-made policies; Wrongful death; Proceedings supplementary
Source
Read the full opinion

Background

Henry Walton Bishop Jr., an 87-year-old vulnerable adult placed in a J&S Assisted Living facility, wandered away unsupervised in July 2012 and was struck and killed by a logging truck. State agencies investigated the death. J&S manager Richard Marshall reported the death and investigations to the facility’s insurance agent, but no one had then made a demand for damages or threatened suit.

J&S held a claims-made policy issued by National Assisted Living Risk Retention Group (NALRRG) for 2012. The policy was later cancelled retroactively for asserted nonpayment, and J&S did not obtain extended reporting coverage or timely renew without a coverage gap. The Estate sued J&S in 2014, obtained a $20 million wrongful-death judgment, and was assigned J&S’s rights under the 2012 policy. After a bench trial, the circuit court held NALRRG liable for $50,000 in policy limits for failing to defend and cover J&S.

The Court’s Holding

The First District reversed. The 2012 policy unambiguously was claims-made, meaning coverage required a claim for damages to be made during the policy period or an applicable extended discovery period. A report of an injury or occurrence that might later produce a claim is not itself a claim.

Marshall’s 2012 call reporting Bishop’s death and the regulatory investigations did not constitute a claim under the policy. Nor did agencies’ inquiries about whether J&S maintained required insurance: those investigations were not brought on Bishop’s or the Estate’s behalf and did not seek damages or services. The first qualifying claim was the Estate’s 2014 wrongful-death suit, well after the 2012 policy expired. The court did not reach theories concerning the later policies because the Estate had dismissed those claims with prejudice.

Key Takeaways

  • Under a claims-made policy, notice of an incident is distinct from a demand for damages or a suit.
  • Government regulatory and criminal investigations do not become a claim merely because agencies ask about insurance coverage.
  • An assignee in proceedings supplementary obtains only the insured’s existing rights, subject to the policy’s reporting and coverage limits.

Why It Matters

The decision underscores that claims-made coverage turns on when a qualifying claim is made, not simply when the underlying injury occurs or when the insurer learns of it. Insureds facing a potential claim must preserve reporting rights through timely renewal or available extended reporting coverage.

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