Hospitality Law

profilevspell818
ch151.pdf

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Chapter 15 Managing Insurance

Images used under license from Shutterstock.com

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Managing Insurance

 Introduction To Insurance  Types of Coverage  Selecting an Insurance Carrier  Selecting the Insurance Policy  Policy Analysis

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

In This Chapter, You Will Learn: 1. To understand the value of insurance in

protecting a business from financial loss. 2. To become familiar with the different types of

insurance required of hospitality operations. 3. To understand the role of workers’

compensation and the requirements of an employer.

4. To critically evaluate the financial rating of an insurance company and other information to help you select an insurance carrier.

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

In This Chapter, You Will Learn: 5. To distinguish between the terms

“primary” and “umbrella” insurance coverage and determine appropriate amounts of coverage.

6. To analyze an insurance policy and determine what types of claims will be covered and what types of claims will not be covered.

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Introduction to Insurance

 Legalese: Insure (Insurance) - To protect from risk.

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Introduction to Insurance

Insurance involves the spreading of risk from one person or business to a larger group.  Makes good financial

sense  May be required by law

or by lenders

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Introduction to Insurance

Four Fundamental Principals

1. Type of hazard must be faced by a large number of individuals or businesses

2. Monetary value must be calculable against an accepted standard

3. Premiums must be affordable 4. Infrequent risk at any given time

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Introduction to Insurance

 Legalese: Actuary - A mathematician or statistician

who computes insurance risks and establishes premium rates.

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Introduction to Insurance

 Legalese:

Insurer - The entity that provides insurance.

Insured - The individual or business that purchases insurance against a risk.

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Introduction to Insurance

 Legalese: Premium – The amount paid for insurance

coverage; can be paid in one lump sum or over time, such as monthly.

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Introduction to Insurance

 Legalese:

Policy (Insurance) - The contract for insurance agreed upon by an insurer and an insured.

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Introduction to Insurance

 Legalese:

Annuity - Fixed payments, made on a regular basis, for an agreed-upon period of time or until the death of the recipient.

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Introduction to Insurance

 Legalese: Indemnification - To insure against

possible liability and loss and/or to compensate financially for losses incurred.

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Introduction to Insurance

 Legalese: Claim - Demand for money, property, or

repairs to property.

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Purchasing Insurance

3-Step Process Reach out to an independent insurance industry expert.

1. Determine the type of coverage you need. 2. Determine the amount of coverage you need. 3. Select a financially sound insurance company.

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Analyze the Situation 15.1 Samuel Renko, president of the Senframe Hotel

Management Company, authorized the purchase of a $2 million fidelity insurance policy, the purpose of which was to protect the company in the event of employee theft or fraud. In discussing the purchase with the insurance agent, Jana Foster, Mr. Renko assured Ms. Foster that all hotel controllers were subject to a thorough background check before they were hired. As a specific condition of the insurance policy, background checks on controller candidates were required prior to employment.

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Analyze the Situation 15.1 The insurance policy was purchased and

went into effect on January 1, 2011. On June 1, 2011, the Senframe Hotel Management Company took over the management and operation of the Roosevelt Hotel, a 300-room property in a resort area. As part of the operating agreement, with the Roosevelt Hotel's owners, the hotel's controller and its director of sales were retained by Senframe.

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Analyze the Situation 15.1 On December 20, 2011, Senframe

management discovered that the Roosevelt Hotel's controller had been creating and submitting false invoices. The invoice payments were deposited in a bank account he had established for himself five years earlier. Total losses for the five-year period that the falsification occurred were over $500,000.

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Analyze the Situation 15.1 The controller resigned, but the hotel

owners sued Senframe for the portion of misappropriated funds ($70,000) taken during the period the hotel was under Senframe's management. Ms. Foster maintained that her insurance company was not liable to indemnify Senframe, because the controller had not been subjected to a background check, as Mr. Renko had promised.

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Analyze the Situation 15.1

Mr. Renko countered that the controller, although not background checked, had no criminal record of any kind, and thus a background check would not have prevented the hotel from hiring the controller.

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Analyze the Situation 15.1 1. Must Ms. Foster's company defend Senframe

in the litigation brought by the hotel's ownership?

2. If you were on a jury, would you hold Senframe responsible for the employee theft?

3. Regardless of the outcome of this situation, what changes in operational procedure should be implemented by Mr. Renko and the Senframe Hotel Management Company?

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Types of Coverage

 Property-Casualty/Business Interruption  Liability  Employee Liability or EPLI (employment

Practices liability insurance)  Dram Shop  Health/Dental/Vision  Workers’Compensation  Data Breach

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Types of Coverage

 Legalese:

Course and Scope - The sum total of all common, job-related employee activities dictated or allowed by the employer.

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Analyze the Situation 15.2

Christina Fleischer was 16 years old when she was hired to work as a busser for a private country club. On Sundays, the club operated a popular brunch that served 500- 1,000 people between the hours of 9:00 A.M. and 3:00 P.M. On Ms. Fleischer's first day of work, her supervisor quickly detailed the job requirements.

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Analyze the Situation 15.2 As part of her job, Ms. Fleischer was to

remove the guests' used dishes from the table, take the dishes to a bussing station, and scrape any leftover food from the dishes into a garbage receptacle lined with a plastic trash bag. Periodically, she was to bring the dishes to the kitchen to be washed, and take the garbage receptacle to a designated area where she would then remove the plastic trash bag and replace it with an empty one.

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Analyze the Situation 15.2 The filled bags were left in the designated

area until they could be taken out to a dumpster by a member of the dish room staff. The garbage receptacles would often get very heavy, and all bussers were instructed to replace the plastic bags in them when they were half full. Ms. Fleischer’s supervisor made it a point of mentioning that during their 15-minute training session.

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Analyze the Situation 15.2 The club was very busy with Sunday

morning brunch patrons on Ms. Fleischer’s first day of work. Halfway through her shift, she forgot to replace one of the garbage bags until it was nearly full. She placed the garbage bag with the others in the designated location. Later that afternoon, a dish room attendant, while taking out the 20 plastic garbage bags filled from the brunch, attempted to lift the bag that Ms. Fleischer had accidentally overfilled. The dish room attendant seriously injured his back.

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Analyze the Situation 15.2 The injury was deemed within the scope of

his work, so the dish room attendant was awarded a monetary settlement by the workers' compensation board in his state. However, he then threatened to sue the country club, claiming negligence in Ms. Fleischer’s training, and stated that this negligence was the direct cause of his accident. He also stated that management had provided workers with garbage receptacles that were too large and thus directly contributed to the accident.

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Analyze the Situation 15.2 1. Was management negligent? 2. Does the dish room attendant have a

viable claim against the club? 3. Do you feel the workers' compensation

premiums for the club should be increased because of this incident?

4. What steps might the country club take to avoid paying higher premiums?

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Data Breach/Cyber Risk

 Network Security and Privacy (Cyber)  Need protection from data breaches

 Own system; and  Client’s system

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Selecting An Insurance Carrier

 Legalese:

Underwrite - To assume agreed upon maximum levels of liability in the event of a loss or damages.

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Search the Web 15.1 Log on to www.insure.com. 1. Click on: Additional Resources. 2. Select: Financial Strength Ratings. 3. Click: “What do the ratings mean?” and read the

definitions of AAA through B insurance ratings at the bottom of the column of Financial Strength Ratings.

4. Select: Access Ratings Lookup Tool at the bottom of the page.

5. Type: The name of your own automobile or life insurance company into the search box, and click OK to find the rating of your own automobile or life insurance company.

6. Find: Your insurance company’s rating. 7. Find: Your insurance company’s rank among the

insurance companies in your state.

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Selecting the Insurance Policy

 Primary coverage  Umbrella (or excess)  Deductible

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Selecting The Insurance Policy

 Legalese:

Primary Policy – The main insurance policy that provides basic coverage.

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Selecting The Insurance Policy

 Legalese:

Per Occurrence - The maximum amount that can or will be paid by an insurer in the event of a single claim.

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Selecting The Insurance Policy

 Legalese:

Aggregate - The maximum amount that can or will be paid by an insurer for all claims during a policy period.

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Selecting The Insurance Policy

 Legalese: Umbrella - Insurance coverage purchased

to supplement primary coverage. Sometimes referred to as “excess insurance.”

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Selecting The Insurance Policy  Legalese:

Deductible – The amount of money the insured has to pay before the insurance coverage will begin to pay. Accordingly, the higher the deductible, the less risk to the insurance company, which should equal lower premiums.

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Policy Analysis

 Legalese:

Face Sheet - A one-page document briefly describing the type and amount of insurance coverage contained in an insurance policy. Sometimes referred to as a “declaration page.”

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Policy Analysis

 Legalese:

Exclusions - Liability claims that are not covered in an insurance policy.

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Policy Analysis  Legalese:

Exceptions - Insurance coverage that is normally included in the insurance policy, but that will be excluded if the insured fails to comply with performance terms specifically mentioned in the policy.

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

What Would You Do? Assume you are an insurance agent with

the Arizona Business Insurance Company (ABIC) which specializes in the hospitality industry. You sell ABIC products exclusively. Your company, which is rated AA, offers insurance coverage against a variety of risks, including workers’compensation.

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

What Would You Do?

You are approached by Ted Betz, the operational vice president of J-Town Smokies, a chain of pit barbeque restaurants. Mr. Betz would like to purchase workers’compensation insurance from your company because he will be opening five stores in the Southwest in the coming year.

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

What Would You Do? A review of his application and claim history

indicates that J-Town Smokies has experienced a rather large number of worker injuries in its four years of existence. In fact, the rate of worker injury per employee-hour worked is nearly twice that of the restaurant industry average. Further investigation indicates that most of these injuries resulted from cutting meat prior to or after the barbeque process.

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

What Would You Do? A review of the U. S. Department of Labor statistics

reveals the following highest injury rate industries for this year and last.

Accident Rate Employees per Thousand (in thousands) This Year Last Year

Meat-packing plants 147.2 36.6 30.3 Ship-building and repairing 102.5 32.7 27.4 Steel foundries 26.6 26.4 26.4 Mobile homes 68.0 24.3 26.2 Automotive stamping 117.7 23.8 23.2 Restaurants 250.0 16.1 16.6

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

What Would You Do?

1. What type of information would you want to see from Mr. Betz before you offer to sell him a workers’compensation policy from your company?

2. Do you believe Mr. Betz’s restaurants should pay the same amount for workers’compensation coverage as other restaurants, or should he be charged rates consistent with those in the meat- packing industry?

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Rapid Review

1. Describe the importance of mathematics and statistics to the insurance industry.

2. Identify at least five types of insurance that would be needed by a nightclub or bar owner, and discuss the importance of each.

3. Assess the pros and cons of self-insurance in the area of workers’compensation.

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Rapid Review 4. Use the Internet to find a company that will likely

provide liability coverage for your new hotel. Assume the hotel is to be built in Berlin, Germany and your company requires a minimum of an AA Standard and Poor’s financial strength rating.

5. Assess the legal climate today, and determine the amount of umbrella coverage your hospitality company would need to defend itself against a wrongful death suit brought about by dram shop legislation. Assume you have $1 million in primary coverage. Be prepared to discuss the factors that influenced your decision.

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Rapid Review 6. Describe the function and limitations of a face

sheet or declaration page. 7. Develop a checklist for purchasing insurance,

beginning with the recognition of the need for insurance to the evaluation of the face sheet and the actual policy.

8. Describe, in detail, an example of both an exclusion and an exception that might be in effect with a workers’compensation policy at a hospitality operation where you have worked.

© 2017 Stephen C. Barth P.C., Diana S. Barber, JD and John Wiley & Sons, Inc. All Rights Reserved

Think about this on your way out...

One of your guests at your resort hotel claimed that while she was in the small restroom facility located by the swimming pool, someone stole her purse and she claims she had $3,000 in cash in her purse. The guest’s empty wallet was found in a hotel trash receptacle. Will you have insurance to cover this claim? How do you make this guest happy?

  • Chapter 15
  • Managing Insurance
  • In This Chapter, You Will Learn:
  • In This Chapter, You Will Learn:
  • Introduction to Insurance
  • Introduction to Insurance
  • Introduction to Insurance
  • Introduction to Insurance
  • Introduction to Insurance
  • Introduction to Insurance
  • Introduction to Insurance
  • Introduction to Insurance
  • Introduction to Insurance
  • Introduction to Insurance
  • Purchasing Insurance
  • Analyze the Situation 15.1
  • Analyze the Situation 15.1
  • Analyze the Situation 15.1
  • Analyze the Situation 15.1
  • Analyze the Situation 15.1
  • Analyze the Situation 15.1
  • Types of Coverage
  • Types of Coverage
  • Analyze the Situation 15.2
  • Analyze the Situation 15.2
  • Analyze the Situation 15.2
  • Analyze the Situation 15.2
  • Analyze the Situation 15.2
  • Analyze the Situation 15.2
  • Data Breach/Cyber Risk
  • Selecting An Insurance Carrier
  • Search the Web 15.1
  • Selecting the Insurance Policy
  • Selecting The Insurance Policy
  • Selecting The Insurance Policy
  • Selecting The Insurance Policy
  • Selecting The Insurance Policy
  • Selecting The Insurance Policy
  • Policy Analysis
  • Policy Analysis
  • Policy Analysis
  • What Would You Do?
  • What Would You Do?
  • What Would You Do?
  • What Would You Do?
  • What Would You Do?
  • Rapid Review
  • Rapid Review
  • Rapid Review
  • Slide Number 50