Category Archives: Insurance

by | June 23, 2012 · 6:23 am

Hospitality Industry Legal Risks: Nevada Hotel Owner Files "Trademark Infringement" Lawsuit Against Website Operator; Judge Issues Temporary Restraining Order

The suit says Marchex has been using a domain name called Aceplay.com, purporting to offer information about the Stratosphere and three other American Casino properties; the two Arizona Charlie’s in Las Vegas and the Aquarius in Laughlin…The suit also claims the website at issue infringed on American Casino’s “ace PLAY” loyalty club trademark.

“…U.S. District Court Judge Gloria Navarro issued a temporary restraining order requiring a domain name registrar to immediately remove or disable the aceplay.com domain name, place it on “hold and lock” and transfer it to the control of the court…”

According to the LasvVegasSun.com, the owner of the Stratosphere hotel-casino in Las Vegas has filed  suit against Marchex (MCHX) for alleged trademark infringement over the domain name AcePlay.com. American Casino claims in its suit that Marchex Sales Inc. has been involved in trademark infringement and ‘’cybersquatting,’’ which involves the registration of a website domain name that is similar to another party’s trademarked-name. Wednesday’s lawsuit says the site also includes links to online gaming sites and that Marchex is believed to generate “click-through” revenue from the online casinos.

American Casino “owns the exclusive right to use its ace PLAY trademark in connection with gaming services”

For more:  http://www.thedomains.com/2012/06/22/marchex-gets-sued-by-the-stratosphere-hotel-casino-in-las-vegas-over-the-domain-aceplay-com/

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by | June 22, 2012 · 11:59 am

Hospitality Industry Property Risks: West Virginia Motel Fire Caused By Manager Frying Food In Room; Structural And Electrical Repairs Delay Reopening

“…(the street) was closed for about four hours because of the fire, and electricity had to be cut to the motel because of damage to the wiring…the Red Cross was called to find places for the few motel guests to spend the night…”

No one was injured in a fire that broke out early Friday at the Jefferson Motel. Kanawha County Fire Coordinator C.W. Sigman said a manager at the MacCorkle Avenue motel was frying some food at about 12:45 a.m. when the grease caught on fire and set fire to the room. Firefighters were able to contain the blaze to the manager’s area, he said.

Sigman said the motel will not be allowed to reopen until repairs are made and the electrical system is fixed and inspected.

For more:  http://wvgazette.com/News/201206220029

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by | June 21, 2012 · 6:09 am

Hospitality Industry Property Risks: Tennessee Hotel Suffers $750,000 In Damage From Gas Line Explosion; Guests Evacuated For Seven Hours

There was major damage to an escalator, walls and ceiling. The blast was so strong it damaged ceiling tiles on the third floor. There apparently was no fire.

Damage was estimated Wednesday at up to $750,000 as a result of a gas explosion at the sprawling Gaylord Opryland Resort and Convention Center. No injuries were reported after the Tuesday night blast, though 5,000 guests were evacuated for as long as seven hours.

The hotel resumed normal operations Wednesday at 7 a.m. Fire officials said the explosion was caused by a gas leak that ignited inside a mechanical room on the first floor in the convention center portion of the hotel and away from guest rooms. “The entire room was moving,” Davidson County Sheriff Daron Hall told WSMV-TV. He was attending a convention at the hotel when the explosion happened shortly after 8 p.m. Tuesday. The damaged area was closed off to guests Wednesday.
Guests Tuesday night were being given free one-night stays because of the disruption. Gaylord said the explosion would have little or no effect on upcoming meetings and events.

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by | June 20, 2012 · 6:15 am

Hospitality Industry Safety Risks: Virginia Hotel Sued For $250,000 By Guest Who Fell Down Stairwell During Power Outage; No Emergency Lights Above Door To Stairwell

“…(the plaintiff) unknowingly stepped into a stairwell and fell 14 steps, according to the suit. It states there were no emergency lights above the door to the stairwell or on the stairwell itself. Christians claims he received permanent injuries, and continues to have physical pain, mental anguish and lost wages…”

A Loudoun County man is suing The Homestead in Hot Springs after falling down a flight of stairs during a power outage at the luxury hotel and spa. Allan Christian, of 20934 Winola Terrace, Ashburn, filed the $250,000 lawsuit Monday in U.S. District Court, according to online court records.

He was in one of the hotels’ restaurants at about 9 p.m. June 19, 2010 when the lights went out, leaving it “pitch black,” according to the complaint. Resort staff told Christian and other guests the lights would be on again soon, and served food to them, the complaint states. However, candles and flashlights weren’t handed out or placed in areas where people may need to walk, it states.

About 40 minutes after the power went out, Christian got up to move in the direction of the bathroom, and used “the furniture and staff to guide his movement,” the lawsuit states.

For more:  http://www.nvdaily.com/news/2012/06/northern-virginia-man-sues-luxury-resort.php

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by | June 19, 2012 · 6:18 am

Hospitality Industry Health Risks: Oregon Hotel Sued For $26,000 By Guest Sickened By Hollandaise Sauce Served At Breakfast

“…(the hotel’s owner) settled complaints by two people in the outbreak…negotiations on the Stanley case deadlocked, prompting Falkenstein to file a lawsuit earlier this month in Multnomah County Circuit Court…(since becoming ill) he has racked up nearly $14,000 in medical expenses, according to the lawsuit. He is seeking to recover those expenses plus at least $26,000 in noneconomic damages…”

According to a state outbreak investigation, the 83-year-old six-term commissioner from North Carolina was one of seven people sickened after breakfast that morning at Crowne Plaza Hotel in Northeast Portland. All of them ate eggs benedict. An eighth person, who ordered eggs benedict but had the hollandaise sauce on the side and didn’t consume it, felt fine.  No one else got sick, pointing to the hollandaise sauce as the culprit.

But lab tests confirmed that Stanley — and another person hospitalized in the outbreak — were sickened by a strain of Staphylococcus aureus,  a bacterium commonly found on the skin and in the noses of healthy people. Certain strains produce toxins that can spark quick and acute gastro-intestinal symptoms.

Dr. Mathieu Tourdjman, lead Oregon epidemiologist investigating the outbreak, said the sauce became toxic because it was not kept hot enough. Unlike many other pathogens, the toxins produced by Staph cannot be killed by cooking. The only way to prevent foodborne Staph infections is by thorough hand washing and proper cooking. Food safety advocates recommend keeping cooked food warm at 140 degrees Fahrenheit or more.

For more:  http://www.oregonlive.com/portland/index.ssf/2012/06/portland_visitor_says_hotels_h.html

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by | June 18, 2012 · 6:12 am

Hospitality Industry Property Risks: Ohio Restaurant Kitchen Fire Causes $60,000 In Damage; Source Is Cooking Material Buildup In Vent System

“…The cause of the fire, which was contained in about 20 minutes, was blamed on a buildup of cooking material inside the ducts at Boi Na Braza’s cooking range vent system…”

A minor fire that broke out in the ductwork of a restaurant in the Carew Tower Sunday night caused $60,000 in damage, Cincinnati firefighters announced early today. Firefighters responded to the eatery for a similar incident in October.

This time, the fire was contained to the restaurant’s ductwork on the sixth floor of the Carew Tower. No one was injured.

Boi Na Braza and a neighboring restaurant, Morton’s The Steakhouse, were evacuated and closed early on Father’s Day, typically a busy evening for most eateries. The Hilton Cincinnati Netherland Plaza also was partially evacuated while fire crews investigated.

For more:  http://communitypress.cincinnati.com/article/AB/20120618/NEWS/306180012/Carew-Tower-fire-damage-60-000?odyssey=nav%7Chead

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by | June 17, 2012 · 6:59 am

Hospitality Industry Crime Risks: Thieves Steal Missouri Restaurant's Air Conditioning Unit For Third Time In Five Years; Total Losses Over $15,000

“…how thieves could come and go at ease over a span of about 90 minutes, climb the 8-foot-high jail bars protecting their air conditioning unit…essentially locking themselves inside the bars with no fear of getting caught as they dismantled the unit, stripping it of copper and other valuable metals. It was all caught by the surveillance camera…”

Air conditioner thieves struck a favorite Chinese restaurant in East St. Louis last month, for the third time in five years. The losses have topped $15,000 for the Hong Kong Chop Suey at 60thand State.

With almost no progress in the police investigation, the restaurant owners released the surveillance video to FOX 2, hoping to save their business. Instead of talking about food and customers’ orders, workers were talking about thieves again at the restaurant Monday night.

Thieves also hit the restaurant’s a/c units there in 2007 and 2010. Repair and replacement costs have soared. “First timeabout $8,000. Second time about $5,000. This time about $2,000,” Chiu explained.

For more:  http://fox2now.com/2012/06/11/ac-theft-could-cause-restaurant-to-shutdown/

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by | June 14, 2012 · 6:27 am

Hospitality Industry Property Risks: Washington Hotel Guests "Break Off Two Fire Sprinklers" Causing Over $100,000 In Water Damage To Three Floors

 “…the newlyweds had some type of disagreement throughout the evening which led to Peters breaking off two fire sprinklers inside the room as well as damaging nearly all the furniture and appliances inside the room.  This caused nearly three floors of the hotel to flood and, according to the general manager, will cost hundreds of thousands of dollars to fix…”

A couple celebrating their one year anniversary at a Spokane Valley hotel caused hundreds of thousands of damages during a fight.  On Wednesday, around 6:00 a.m., Spokane Valley Sheriff’s Deputies responded to a trouble unknown call at the Pheasant Hill Inn located at 12415 East Mission Avenue in Spokane Valley.

The hotel had just completed six months of renovation. Both Peters and Wozniak were booked into the Spokane County Jail on the felony charge of Malicious Mischief 1st Degree.

For more:  http://www.nwcn.com/home/?fId=158943025&fPath=/news/local&fDomain=10222

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by | June 13, 2012 · 6:46 am

Hospitality Industry Property Risks: Hawaii Hotel Tree Trimmer Dies After Falling Forty Feet To Pool Deck; Fourth Tree Care Worker To Die In 18 Months

“…the tree trimmer died after falling about 40 feet during work at a Waikiki  resort…he landed on the pool  deck at the Hilton Hawaiian Village…”

Barcelona was the fourth tree trimmer to die in the state since January 2011.  Five died between November 2009 and November 2011, and three between January  2011 and July 2011…according to the state Department of  Labor and Industrial Relations.

The Hawaii Occupational Safety and Health Division will investigate the  death, which the medical examiner’s office said was an accident. Police do not  suspect foul play.

In response to the spate of deaths, the state and the Aloha Arborists  Association held a series of tree care safety workshops on Oahu, the Big Island  and Maui, Kunstman said.

In November, the state recommended penalties of $10,000 for a Maui  landscaping company after an investigation found one of the company’s tree  trimmers fell to his death from a coconut tree while using a rusty line patched  with duct tape. In September, a 71-year-old tree trimmer died after a coconut  tree fell on him in Kailua.

The Kailua company’s owner, Wesley Jay, didn’t immediately respond to a  request for comment. Stasia Barcelona said her son looked up to his boss, who  was very cautious, and dreamed of someday taking over the business.

According to the state Department of Commerce and Consumer Affairs, the  company has a valid license in good standing. The hotel extended their  condolences to the family in a statement.

Read more:  http://www.vcstar.com/news/2012/jun/12/trimmer-dies-after-fall-from-tree-at-waikiki/#ixzz1xgScV88n – vcstar.com

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by | June 12, 2012 · 6:30 am

Hospitality Industry Property Risks: Texas Hotel Files $10,000 Lawsuit For Damages To Pool And Spa From Bottles Dropped From 29th-Floor Condo

“…The pool and hot tub filters needed repairs…a portion of the Hilton’s ninth-floor roof also was damaged, along with a 10th-floor window. The suit seeks reimbursement for repairs, as well as interest and attorney’s fees. Cano was unsure when the case could head to trial…”

Beer bottles allegedly tossed from a privately owned 29th-floor condo atop the Hilton Austin reportedly caused more than $10,000 in damage to the hotel’s pool and hot tub, according to a lawsuit. Attorney Matthew Cano said he filed the lawsuit in Travis County Court-at-Law No. 1 on behalf of Austin Convention Enterprises Inc., a nonprofit city entity that owns the Hilton, after almost a year’s worth of negotiations with the condo’s owner.

According to the suit, several beer bottles were dropped from the 29th-floor condo’s balcony on July 31, 2011. Some landed in the Hilton’s pool and hot tub, while others shattered nearby.

The incident forced the hotel to close the pool and hot tub so they could be drained and cleaned before being refilled, Cano said.

For more:  http://www.statesman.com/business/hilton-lawsuit-dropped-beer-bottles-did-10-000-2397825.html

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