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Insurers avoid indemnity in death of boy at foster facility - Business Insurance Skip to content Register for free Search Search Log In Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2026 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2026 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2026 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2026 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Insurers avoid indemnity in death of boy at foster facility by Richard Sine Coverage Disputes , General liability , P/C Insurers Sep 11, 2026 A Nationwide unit does not have to pay for a Kentucky foster care facility’s settlement in the case of a 7-year-old boy who was fatally restrained by care workers, a federal appeals court has ruled, because the restraint counted as an excluded professional service under its commercial general liability policy. The U.S. Court of Appeals for the Sixth Circuit on Wednesday affirmed a lower court’s finding in Scottsdale Insurance Company v. Seven Counties Services, Inc. that Seven Counties’ insurers had no duty to indemnify the company, even though they had been required to defend it. Scottsdale Insurance, based in Scottsdale, Arizona, provided excess coverage to Seven Counties Services, a Louisville, Kentucky-based nonprofit that manages behavioral health programs. Its primary insurer, Mental Health Risk Retention Group, based in Parsippany, New Jersey, also denied coverage. In 2022, three workers at the Brooklawn center in Louisville put Ja’Ceon Terry in a restraint called a “kneeling cradle” after he became agitated. He vomited, lost consciousness and died despite attempted CPR. His estate sued Seven Counties for wrongful death, settling the following year for an undisclosed amount. Seven Counties argued the restraint could not be a “professional service” because it was performed by low-paid workers with minimal training. Circuit Judge Kevin Gafford Ritz, writing for a panel that also included Circuit Judges Stephanie Dawkins Davis and Andre Bernard Mathis, rejected that reasoning, noting that Kentucky law directs courts to “look not to the title or character of the party performing the act, but to the act itself.” The care workers had completed a state-mandated 40-hour training that included when and how to perform the restraint and how to prevent choking, the ruling said. “It is difficult to imagine that a layperson would be able to safely and competently perform a kneeling cradle hold on a child without proper training,” the judge wrote. The fact that the restraint is regulated by the state also supports the idea that it is a professional service, the judge added. The three former care workers who restrained Ja’Ceon — Deborah Francis, Jillian Parks and Amanda Whitlow — were indicted on second-degree manslaughter charges in July, nearly four years after Ja’Ceon’s death. 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