Senior Housing and Care

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"It's Time for an Arbitration Check-Up"

June 01, 2004

If you read CAHSA NewsFront, attend liability crisis seminars, or talk to your insurance broker, chances are that you have arbitration clauses in one or more of your residency agreements. Our firm has recommended such clauses to our senior care and housing clients for more than three years, for three primary reasons: your insurance broker may require them (but not necessarily discount your liability insurance premiums if you include them); they may help you reduce the size of resident verdicts or settlements; and they may reduce residents' and their families' incentives to sue you. We have advocated for arbitration because it removes the wild card of having resident claims against you decided by juries- unpredictable bodies with a tendency to award elderly residents excessive awards- and entrusts this process to a neutral arbitrator whom we feel is likelier to rule on the facts alone.

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For more information, please contact:

Pamela Kaufmann

415-995-5043 Direct Phone
415-995-3449 Fax

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