This presentation will review the legal basis for liability for Legionella and will identify the elements necessary to constitute a valid tort claim. There are insurance and legal ramifications to remediating and/or maintaining building water systems which may require consideration of control measures, such as point-of-use (POU) filtration to meet the standard of care. If a Legionella claim is made, insurance coverage may be available under a commercial general liability policy and a review of underwriting criteria typically utilized to obtain this coverage along with typical Legionellacoverage components will be examined.
- Define the legal basis for liability for Legionella and identify the elements necessary to constitute a valid tort claim;
- Recognize the differentiating factors between building water system remediation and building water system maintenance and why point-of-use (POU) filtration may become a new standard of care;
- Describe underwriting criteria that may be used by insurance carriers to evaluate insurable risk to obtain Legionella coverage and,
- Identify components that will typically be included in Legionella insurance coverage.
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Mr. Nassof has been involved in the field of environmental and health risk consulting for over 25 years concentrating his work in the areas of industrial hygiene, microbial contamination, insurance defense, infection prevention, and liability minimization for vascular access issues. Many of his risk management programs have been adopted as underwriting standards by the insurance industry worldwide and are utilized as risk barometers from which to evaluate emerging healthcare and environmental risks. Mr. Nassof has been involved as a consulting/testifying expert on cases involving fungal contamination, Norovirus, Legionella, and nanotechnology. He supervised the restoration of New Orleans hospitals following Hurricane Katrina, consulted on the compounding pharmacy fungal meningitis outbreak, the Veteran’s Administration outbreak of Legionnaires Disease and assisted in the development of underwriting criteria during the Ebola outbreak in West Africa. His firm was also involved with the Legionella water testing in Flint, Michigan under the auspices of the State of Michigan and the CDC. He has presented hundreds of seminars and webinars to legal, insurance, loss control, healthcare, and risk management groups throughout the United States, Canada, Europe, and Asia. He has co-authored books on fungal contamination, published numerous white papers/articles, holds a patent on a fungal sensing device and is the first non-clinician elected to the Association for Vascular Access Board of Directors. Mr. Nassof received his Juris Doctorate and undergraduate degrees from Emory University in Atlanta.