Insurance & Liability

Overview

Insurance and liability coverage is a core operational and compliance requirement for TheKey (formerly Home Care Assistance) across all Canadian markets. The company maintains multiple policy types — General Liability, Professional Liability (Errors & Omissions), Staffing Liability, Tenant's Legal Liability, and Directors & Officers — to satisfy both contractual obligations with government and institutional partners and internal risk management standards. Policy management spans several legal entities and provincial offices, with renewals tracked annually and certificates of insurance regularly required by clients and public bodies. Gaps between contracted coverage minimums and actual policy limits have created compliance issues that require active monitoring.

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Key People

• Tim Thomas — Primary policy holder contact and historical owner of Canadian insurance relationships; coordinated with broker on renewals and policy modifications.
• Diego Castaneda (Head of FP&A) — Took over insurance familiarization in 2024; requested policy summaries and coordinated coverage reviews.
• Pascal Libersan — Manages policy modifications including name changes and endorsement additions; liaised with insurer on COVID-related additions and the 2026 name update to TheKey Care Ltd.
• Mitch Belitz — Insurance broker handling renewals and pricing (Intact policies).
• Sean Cygan — Insurance contact (broker/carrier side) who issued updated certificates and confirmed coverage changes.
• Frank Stigter — Distributed renewal documents across multiple Canadian offices in 2024.
• Chuck Terlesky — Calgary office contact; identified coverage mismatches against contract requirements.
• Cheryl Cartwright — Involved in Region of Waterloo agreement review and coverage compliance.
• Sandra Daoust — Correspondent on SA-241001-ME public body contract requiring $1M motor vehicle and professional liability coverage.
• Alyson Rohane / Sharon Speirs — Handling 2025 insurance expiry notification and proof-of-coverage requirements.
• Chad Everitt — Responded to Diego's Canadian policy summary request.

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Processes & Policies

Policy Portfolio (Canada)

• Intact Policy 375-7309: General Liability and contents; occurrence-based; covers both office locations.
• Intact Policy 375-7208: Professional Liability / Errors & Omissions; claims-made basis — only claims filed during the active policy term are covered.
• Staffing Liability Endorsement: Also claims-made basis; immediate incident reporting is required to ensure coverage.
• Directors & Officers: Occurrence-based.
• Tenant's Legal Liability: Required for lease compliance.

Coverage Basis — Critical Distinction

• General Liability and D&O are occurrence-based (covered for claims arising from events during the policy period, regardless of when filed).
• Professional Liability and Staffing Liability are claims-made (claims must be filed *during* the policy term). [Insurance — 2020-08-10 — Tim Thomas]; [2022 Insurance Policy Renewal documents… — 2022-06-23 — Wendy Oliver]

Annual Renewal Process

1. Broker (Mitch Belitz / Intact) provides renewal pricing and documents before expiry.

2. Renewal packages include separate contracts and invoices for Professional Liability and General Liability.

3. Signed contracts and certificates of insurance (COIs) are distributed to relevant offices and partners.

4. Any modifications (new endorsements, name changes, limit increases) require broker coordination and generate separate invoices.

Incident Reporting

• All incidents must be reported immediately to the broker/carrier to preserve claims-made coverage.

Employee Vehicle Use

• Personal automobile insurance is primary for employees using personal vehicles on company business. TheKey bears no vehicle liability in such cases. [Travel_Entertainment_Policy_Final.txt]

Long-Term Care Insurance (Client-Side)

• Client LTCI claims are handled separately; each insured individual in a household (e.g., Couples Care) is treated as a separate claim. TheKey collects carrier name, policy number, DOB, and last four digits of SSN at intake. [Couples_Care_Intake_Scheduling_Billing.txt]

Limitation of Liability (Client Agreements)

• Ontario client consent agreements include a limitation of liability clause whereby clients agree to limit TheKey's liability to the fullest extent permitted by law. [Ontario_Client_Consent_Agreement… — 2024]

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Timeline & Key Events

| Date | Event |

|---|---|

| 2020-08 | Tim Thomas confirms policy structure: Intact 375-7309 (occurrence) and 375-7208 (claims-made). |

| 2021-11 | Both policies modified to add COVID-19 on-site testing coverage (invoices 11899 and 11894). [HOME CARE // INSURANCE MODIFICATION — 2021-11-16 — Pascal Libersan] |

| 2022-05 | Cross-office standardization review initiated; offices surveyed on supplemental staffing coverage needs. [Re: Insurance Coverage — 2022-05-16] |

| 2022-06 | Policy renewal documents issued for Waterloo and Toronto/Mavencare offices. |

| 2023-03 | Calgary coverage mismatch identified: contract required $5M CGL and Professional Liability; actual COI showed $2M. Resolved with updated COI issued by Sean Cygan at $5M. [Re: Canada - HCA Calgary - Coverage — 2023-03-28] |

| 2023-07 | Intact claim filed under Policy 375-7309; Claim No. 9034597074, type: Liability. [Claim Number 9034597074 — 2023-07-25] |

| 2023-08/09 | Annual renewal processed for policies effective through 2023. |

| 2024-02 | Region of Waterloo agreement review; Professional Liability minimum confirmed at $2M per claim. [RE: Region of Waterloo… — 2024-02-07 — Matilda Kress] |

| 2024-03 | Frank Stigter distributes 2024 renewal documents across multiple TheKey entities (Toronto, Winnipeg, Vancouver, Calgary, Alberta). |

| 2024-05 | 2024 insurance documents circulated under THE KEY legal entities including SJD Care Services, Mavencare, Prairie Senior Care, Orofresh, Arya Healthy Living, and others. |

| 2025-03 | Upcoming expiry notifications issued; offices required to submit proof of Tenant's Legal Liability, Professional Liability, and Commercial General Liability. |

| 2026-01 | Policy name updated to TheKey Care Ltd (mailing address: Vancouver) for both General Liability and a second policy. [Insurance modification : name — 2026-01-22 — Pascal Libersan] |

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Key Decisions

• Claims-made vs. occurrence: Professional Liability and Staffing Liability are maintained on a claims-made basis; this imposes strict incident-reporting obligations on all offices.
• Standardization effort (2022): Decision made to review and align coverage across all Canadian offices rather than allow offices to manage independently.
• Calgary limit increase (2023): Coverage limits for CGL and Professional Liability were raised to $5M to meet a specific contract requirement, setting a precedent for contract-driven limit adjustments.
• COVID endorsement (2021): Both core policies were explicitly extended to cover on-site COVID testing — a proactive modification rather than a new policy.
• Entity naming (2026): Legal entity name on policies updated to TheKey Care Ltd following corporate rebranding.
• Employee vehicle liability: Policy decision that personal auto insurance is primary; TheKey does not carry liability for employee personal vehicle incidents.

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Open Questions & Gaps

• Coverage limit consistency: The 2023 Calgary mismatch ($2M actual vs. $5M contracted) raises the question of whether other offices have similar gaps between their COIs and their specific client contract requirements. No systematic audit appears documented.
• Policy summary for Diego: Diego Castaneda requested a full policy summary (type, period, carrier, premium, limits) in February and March 2024. It is unclear whether a complete consolidated summary was ever delivered.
• Public body SA-241001-ME requirements: The contract requires $1M motor vehicle coverage and professional liability for errors and omissions. It is not confirmed which entity holds the motor vehicle policy or whether it meets this threshold.
• US address restriction: Pascal Libersan noted in 2026 that a US mailing address cannot be used on Canadian policies — implications for cross-border entity management are unresolved.
• Tail coverage: No documentation found addressing whether run-off (tail) coverage is maintained when claims-made policies are not renewed or when entities are wound down.

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Related Topics

1. Contracts & Government Agreements

2. Corporate Entity Structure (Canada)

3. Incident Reporting & Risk Management

4. Long-Term Care Insurance (Client Billing)

5. Employee Travel & Expense Policy