3rd Circ. Tosses Insurer Win In Nursing Home Coverage Row


A Third Circuit panel vacated an insurer's quick win against a nursing home company facing claims from long-term care residents who contracted COVID-19, saying the coverage fight wasn't yet ripe for the district court because the company hadn't met its policy's $3 million self-insured retention threshold.

The Pennsylvania federal court did not have subject-matter jurisdiction when it handed a summary judgment win to National Fire and Marine Insurance Co., the panel said in a nonprecedential opinion Monday, noting there wasn't a "real and substantial threat" of harm to the insurer if the win wasn't entered.

Genesis Healthcare Inc., a national nursing home company, was required under its policy to pay the first $3 million per healthcare event, according to case filings. National sued Genesis in April 2022, seeking a declaratory judgment that COVID-19 was not a single healthcare event under the policy, meaning Genesis would have to pay a self-insured retention, or SIR, for each of its facilities before getting coverage for the patient lawsuits.


Genesis Healthcare Inc. is represented by Pamela D. Hans, John P. Lacey and Rhonda D. Orin of Anderson Kill.

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Insurance Recovery Attorney in Pennsylvania | Anderson Kill P.C.
Pamela D. Hans
Managing Shareholder (Branch)
New York | Philadelphia
Insurance Recovery Attorney | Anderson Kill LLP
Rhonda D. Orin
Managing Shareholder (Branch)
Washington, DC
Insurance Recovery Attorney | Anderson Kill P.C.
John P. Lacey Jr.
DC Client Team Member - Admitted in NJ only
PA Client Team Member - Admitted in NJ only

Newark | Philadelphia | Washington, DC

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