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How The Pandemic Re-Shaped Force Majeure

When COVID-19 began its swift spread in the winter of 2019 and on a more global scale in the early spring of 2020, it did not take long for the term “force majeure” to dominate discussions, especially within the hospitality industry.  Who could have predicted its extensive global economic impact?  Think about the massive shutdowns, ...
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Theft in the Restaurant Industry and the Influence of Peers in Worker Misconduct

Introduction An extensive study of theft among restaurant workers was conducted recently by three researchers from the Olin Business School at Washington University in St. Louis. The results — based on transaction and theft data from 83,153 servers at 1,049 restaurants from 34 chains across 46 states in the U.S. over seven years, are compelling ...
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red umbrella protecting businessmen from virus bacteria

Insurance Coverage for Losses and Claims Associated with the Coronavirus

I. INTRODUCTION A. The Impact of the Coronavirus and the Resulting Sickness or Disease Since the “coronavirus” was first identified in Wuhan, Hubei Province, China, the World Health Organization (“WHO”) has confirmed that more than 110,000 people have been infected with the SARS-CoV-2 virus and more than 3,000 people have died from the resulting COVID-19.(1) ...
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hand passing bomb to another hand

Passing the Buck: How to Successfully Transfer Risk to Third Parties

When claims are made against your company, one of the quickest ways to clear that loss from your company’s books is to transfer the risk to a third party. A good Risk Transfer Plan can not only remove the risk of indemnity, but it can also prevent expensive litigation costs and attorney’s fees. Indeed, a ...
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Virus bacteria hitting business stocks

Insurance Coverage for Losses Stemming from the Coronavirus

The coronavirus has not only sickened tens of thousands of people, killed several hundred, and disrupted life for millions, but has also sharply impacted the second-largest economy in the world. Many Chinese companies have suspended operations, and international companies like Starbucks, Apple, McDonalds, KFC, and Pizza Hut have closed their stores in Wuhan and elsewhere. ...
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Recent Trends in Hotel Violence, Insurance, and Legal Liabilities

“A hotel has a duty to adopt reasonable security measures to protect guests from foreseeable harm. Foreseeability can be established from past circumstances that are likely to be repeated.” Judge Karen Morris, “Hotel security requires vigilant attention,” Hotel Management, 19 August 2019. In this brief, Jeff M. Moore, PhD, will discuss recent trends in hotel ...
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Repeat Offenders: Commonly Cited OSHA Standards in the Hospitality Industry & How to Avoid Them

The law has always been clear that there is no statutory limitation on the length of time that a prior OSHA citation may serve as the basis for a Repeat violation. OSHA historically looked back only three years for past violations, but the Obama Administration extended it to five years. However, the look back period ...
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Severe Weather Business Continuity Planning

Severe weather is usually associated with thunderstorms but can refer to any dangerous or destructive weather event. Thunderstorms form due to instability in the atmosphere, and generally require a humid air mass, sufficient daytime heating of the air, interactions between frontal systems, and wind shear (change in wind speed or direction with height). Severe Thunderstorm ...
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No One Likes Surprises – Corporate Counsel Lessons Learned by Clients

I. Introduction I often think of the words first heard spoken by the Fram Oil mechanic in the television commercial many years ago – “you can pay me now or you can pay me later.” The wisdom of this statement has been proven time and time again. Its application in the legal services context is ...
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The Most Frequent Hospitality Claims

Property ClaimsThe most common types of hotel property claims are: general water damage, sprinkler water damage, hail, wind, and fire. These five causes account for two-thirds of hotel property claims. Fortunately, they are commonly covered by first party property insurance. First party property coverage is for damage to a policyholder’s own property, not for damage ...
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