I agree. Add the restaurant or restaurants you contract with to your liability insurance policy as Additional Insured, and ask the insurance company to provide them with a Certificate of Insurance. This one-page certificate will serve as proof that they are covered under your policy and premiums. Your insurance company will then notify them (or any Additional Insured) of policy status, such as renewals or cancellations, on an ongoing basis. All of the above is typically done at no additional charge. It’s also great to keep a Certificate of Insurance in your files (separate from your policy) to present to any organization who wants to hire you or who may request proof of insurance. I always have 4 or 5 copies in a file just in case someone requests it.
+1, get their name on your insurance… and tell them so.
Mine was based on my career as an insurance underwriter.
We always thought very highly of our insurance agents.
And we always made sure they had their E & O insurance up to date and carried adequate limits.[:)]
My reply was based on my years as an insurance agent. However, I agree with consulting an attorney, as well, for specifics regarding liability. These days, people sue everyone in line of sight (or out of sight), and even though a judge may throw out part of a suit, one still has the legal costs of defending themselves, and the insurance can be there to defray those costs for both the insured and additional insured. Biggeemac, you have a situation that can be handled very easily. Best of luck to you.
I would suggest talking to your insurance agent. That is why they exist.
You know you can drag everyone into this that has anything to do with your business. Is the person(s) going to sue the maker of the hot dogs or whatever food you sell? How about the place you purchased the products from? What about the maker of your cart?
So the question is how far are you going to go to protect yourself and or others? My suggestion would be to talk to a lawyer or at the very least I’m sure the restaurants have a lawyer they use, have them ask what their possible liability is.
It is apparent that the commissary can be added to the policy, however, the question the OP wants an answer to (I am curious myself) is if the commissary can be held liable if someone gets sick (whether or not if covered on your insurance).
I think some key points you can tell your prospective commissary is that you are a clean and safe vendor. You could also agree on a temporary agreement with the commissary owner and then invite him/her to your vending site to see how clean you work and have a sample of your food. Once he/her is comfortable with your practices they may be willing to sign a permanent agreement with you. This temporary agreement also allows YOU to see how clean the commissary is and give you the opportunity to “break free” if you have too.
Just my .02
With business liability coverage You should be able to name them as “additionally insured.” Good Luck!
So my wife and I have located two different restaurants that would be willing to be our commissary, but are concerned about being liable if anyone gets sick from the food that we provide. What can I tell them to set their minds at ease about this? We will have insurance, but can a commissary be held liable if someone gets sick?
Two potential commissaries concerned about liability
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