Franchise FAQ

do you need liability insurance for each franchise

by Armani Cremin Published 2 years ago Updated 1 year ago
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If you’ll welcome customers or clients into a store or onto your premises, such as you would with most restaurant franchises, you must have public liability insurance. This coverage protects against slip and fall accidents, or any other event that could cause bodily injury or property damage.

The simple answer to this question is “yes:” it's essential for any type of franchise (restaurant, hotel, bowling alley, etc.) to carry an insurance policy that can shield it from claims that may arise from your employees, franchisors, or clients.Oct 25, 2021

Full Answer

Do franchisors need franchise insurance?

Firstly, franchisors should ensure they have franchise insurance policies in place. This will help protect the business in case of unforeseen circumstances in each location. What is a Franchise Insurance Plan?

What kind of insurance do I need for a restaurant franchise?

Public Liability If you’ll welcome customers or clients into a store or onto your premises, such as you would with most restaurant franchises, you must have public liability insurance. This coverage protects against slip and fall accidents, or any other event that could cause bodily injury or property damage.

Can a franchisor be liable for a franchisee’s negligence?

Since a franchisor has some control over the franchisee, the franchisor is vicariously liable for the acts of its franchisee. An example of franchisor’s vicarious liability would be a claimant injury at the location of a franchise location due to the negligence of a franchisee.

Do I need liability insurance for my business?

As a business owner, you may be wondering, “When is liability insurance needed?”. General liability insurance is an essential coverage that many businesses need because it helps protect them from certain lawsuits.

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Franchise Insurance: What Kind Do You Need?

Depending on whether you are a franchisor or a franchisee, there are different types of insurance to consider. The franchise insurance you need als...

What Should Franchisors Consider?

Firstly, franchisors should ensure they have franchise insurance policies in place. This will help protect the business in case of unforeseen circu...

What is a Franchise Insurance Plan?

A best practice for franchisors is to outline what coverage you need depending on your business activities in the franchise contracts. These contra...

What are the benefits of franchise ownership?

One of the benefits of franchise ownership is that you have the backing of an established corporation to guide you in your journey. Although valuable, there are certain measures you must take on your own to protect yourself in case of certain events, such as inventory loss or customer injury on your property . This requires that you insure your franchise.

What happens if you hire employees to work in a franchise?

If you hire any employees to work in your franchise, you needto protect yourself from any claims an employee might file. This can include claims such as wrongful dismissal or any type of harassment in the workplace.

Do delivery trucks need insurance?

If you have delivery trucks or use your vehicle for your business, it’s important to protect it while it’s on the road. You should have auto insurance coverage for all of the motor vehicles used to do business on a regular basis.

Do you need public liability insurance for a restaurant?

If you’ll welcome customers or clients into a store or onto your premises, such as you would with most restaurant franchises, you must have public liability insurance. This coverage protects against slip and fall accidents, or any other event that could cause bodily injury or property damage.

What is a franchisor liability policy?

A franchisor liability or E&O policy covers the franchisor for alleged errors, omissions, or negligence from the professional services provided to the franchisees, that are outlined in the FDD. Franchisor liability will also protect the senior management of the franchisor, as well as the franchisor entity from litigation brought by the franchisee.

What is a vicarious liability in a franchise?

Other than failure to provide the services outlined in the FDD, another cause of litigation with the franchisor is vicarious liability arising from the actions of the franchisees. Since a franchisor has some control over the franchisee, the franchisor is vicariously liable for the acts of its franchisee. An example of franchisor’s vicarious liability would be a claimant injury at the location of a franchise location due to the negligence of a franchisee. The claimant could sue the franchisor claiming that the franchisor is vicariously liable for the actions of the franchisee.

What is the most frequent lawsuit a franchisee brings against a franchisor?

One of the most frequent lawsuits that a franchisee brings against the franchisor is that the service outlined in the FDD is not performed as it was represented. The FDD outlines the following services the franchisor provides to the franchisees:

What is FDD in franchise?

The FDD is intended to give the potential franchisee enough information to make educated decisions about their potential investment and understand the costs and risks they are likely to take on, should they become a franchisee.

What is franchising business?

Franchising is a business that is not appropriate for every company or every concept. When implemented correctly, it can result in great profitability and increased market share. When not implemented well, the franchisees can experience significant losses and hold the franchisor responsible. The following are ways to mitigate franchisor liability:

What is a franchise disclosure document?

The Franchise Disclosure Document (FDD) is a legal document which is presented to prospective buyers of franchises in the pre-sale disclosure process. The FDD spells out the services and responsibilities of the franchisor and as well as information about the franchisor, how long the franchisor has been in business, the competition environment, and any special license or permit requirements.

What does a franchisor do?

Operations / HR. Most franchisors offer support such as administrative, human resources, accounting, and technical support. Franchisors also advise on employee issues, insurance requirements, and other matters relating to the operations of the franchise.

Can a business be out of business for a natural disaster?

However, even the most cautious business owner could potentially be out of business for an extended period of time in the event of a natural disaster.

Is being a franchise owner a full time job?

As a franchise owner, there’s no doubt you’re busy. Any business owner will tell you that running a successful business is more than a full-time job, but the added complexities presented to a franchise owner, such as multiple locations or corporate governances, can add to your already busy schedule. For these reasons, the Eastern Insurance ...

What Liability Insurance Do I Need?

As a business owner, you may be wondering, “When is liability insurance needed?” General liability insurance is an essential coverage that many businesses need because it helps protect them from certain lawsuits. Also known as business liability insurance or commercial general liability insurance, it can help cover the costs of certain lawsuits brought against your company, including:

What is business liability insurance?

Also known as business liability insurance or commercial general liability insurance, it can help cover the costs of certain lawsuits brought against your company, including: Bodily injury, such as a customer who hurt their ankle after a slip and fall while shopping at your business.

What happens if you don't have liability insurance?

If you don’t have liability insurance coverage, you risk having to pay for these claims out of pocket. Lawsuits can put you out of business.

How do insurers use information?

Insurers use this information to examine the amount of risk your business faces. They do this by analyzing your past history of insurance claims and your type of business. If something stands out as too much of a risk, an insurer may not offer you a policy.

Does liability insurance cover every type of claim?

Your business’ liability insurance doesn’t every type of claim. You’ll need other types of insurance to help cover claims of:

Do businesses need general liability insurance?

Most businesses need general liability coverage. Sometimes, other businesses or organizations require your business to carry this coverage, like when your business:

Can you get Hartford insurance?

However, in many cases, you’ll be able to get coverage with The Hartford. We offer broad coverage options that may fit your needs.

Why do franchisees need insurance?

Securing a consistent insurance plan for your franchise benefits both the individual franchisees and the franchise itself. Tailoring a franchise insurance program to your specific business model can help protect you against vicarious liability and other risks. A centralized insurance program gives you greater control to ensure that your franchisees are compliant with FDD requirements, providing greater protection against claims.

What is Veracity insurance?

Enjoy the Convenience of a Centralized Insurance Program Veracity provides simplified franchise insurance management services. We track franchisee compliance, organize certificates of insurance into a central location, make sure you are named as an additional insured for all policies, and more.

What is general liability insurance?

General Liability Insurance provides your franchisees protection from third party claims alleging damages for incidents such as bodily injury, personal injury or property damage. We understand franchisees face a variety of risks in the day-to-day management of their businesses and because we work with large numbers of franchisees countrywide, we not only understand these risks but we’re experienced with designing tailored General Liability Insurance solutions for franchise systems.

What is umbrella liability?

An Umbrella Liability policy provides your franchisee additional liability coverage in the event they want coverage above and beyond their primary policy limits. Typically an Umbrella policy provides these limits over those already contained in the General Liability and Auto Liability policies. Our team members work with each franchisee to review their current policy and consult on how to structure this additional coverage.

Do franchisees need commercial auto insurance?

If your franchisees use vehicles as part of their business operations, a commercial auto policy should be included in their insurance program. Commercial Auto Insurance provides coverage for vehicles in the event they incur physical damage, cause physical damage or bodily injury to others.

Who is liable for franchisee actions?

However, the employee’s actions must be within the scope of employment in addition to the franchisee being an agent of the franchisor for the franchisor to be liable.

What does a franchisee buy?

In a franchise relationship, the franchisee buys the right to use the franchisor’s trademarks, reputation, trade secrets, copyrights, and marketing and service information in selling a product. Whether the franchisor can held liable for the actions of the franchisee in running the business depends on the degree of control retained by ...

Why Would I Want to Sue the Franchisor?

If the franchisor is liable, the plaintiff could collect more money from the franchisor than from the franchisee. In some cases, the plaintiff could go after both parties.

What happens if a franchisor has strict policies?

If the franchisor has a strict set of policies for the day-to-day operation of the franchise, there is a high degree of control and the franchisor may have liability for the damages that result from the franchisee’s implementation of the policies.

What is an agency relationship?

An agency relationship is not automatically created by a franchise agreement. Some actions that could be evidence of an agency relationship include: Shared profits instead of royalty payments; Standardized training methods for employees; Building and maintaining facility in manner specified by franchisor; Strict rules of operation;

What is the role of a lawyer in establishing an agency relationship?

A lawyer can help you determine the law in your area.

Who holds more money in franchising?

In the franchisor-franchisee relationship, the franchisor typically holds more money than the franchisee. If the franchisor is liable, the plaintiff could collect more money from the franchisor than from the franchisee. In some cases, the plaintiff could go after both parties.

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Public Liability

  • If you’ll welcome customers or clients into a store or onto your premises, such as you would with most restaurant franchises, you must have public liability insurance. This coverage protects against slip and fall accidents, or any other event that could cause bodily injury or property damage. You might also need public liability insurance if you me...
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Workers Safety

  • Your employees might not be covered under the public liability insurance. In this case, you will need separate insurance to protect your staff while they’re at work.
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Product Liability

  • If you have any type of inventory for your business, it’s a good idea to insure it against any loss or damage. This is especially true if damaged goods could cause you to close your doors until new inventory or equipment arrives.
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Property Damage

  • If you invest in a property for your franchise, you’ll need to ensure the building where your business is housed stays in proper working order. Property damage insurance protects you in case of flood, fire, smoke, vandalism, and more.
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Employment Practices

  • If you hire any employees to work in your franchise, you needto protect yourself from any claims an employee might file. This can include claims such as wrongful dismissal or any type of harassment in the workplace.
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Auto Insurance

  • If you have delivery trucks or use your vehicle for your business, it’s important to protect it while it’s on the road. You should have auto insurance coverage for all of the motor vehicles used to do business on a regular basis.
See more on franchisedirect.com

Business Interruption

  • If your business has to shut down because of any type of accident, from vandalism to complete destruction of your property, you won’t just be out the money it takes to get back up and running; you’ll be out the revenue you would’ve earned if your doors had been open. Business interruption insurance helps you get a portion of those earnings back, so you don’t fall too far behind.
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Are You Covered?

  • There are many factors that go into deciding which type of insurance you need when opening a franchise. Talk to your franchisors about the best insurances to get for your business model. Then, get those insurances before you break ground or open your doors, so you’re sure you’re protected from day one. Susan Guillory is the President of Egg Marketing & Communications, a …
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