Category Archives: Insurance

by | January 21, 2012 · 1:56 am

Hospitality Industry Property Risks: Missouri Hotel Fire Started By "Overloaded Electrical Cord"; 80-Year Old Building "Still Had Original Wiring"

The fire is believed to be electrical, but Noah said he doesn’t expect to determine the exact cause of the fire because the room “flashed over” during the fire. This can produce heat as high as 930 degrees.

“The building was built in 1927, and it still has the original wiring in the building,” Orgeron said. “We ask them not to, but you can’t be in everyone’s room all the time. People do break the rules.”

The fire at the Missouri Hotel started in the room of a resident who was using multiple electrical appliances, an official said. Fire marshal Philip Noah said a 48-year-old woman in room 221 had a box fan, stereo and cell phone charger plugged into an electrical cord.

Being able to pinpoint it becomes very difficult,” Noah said. “Really it would take an lectrical engineer”.

For more: http://www.news-leader.com/article/20120120/NEWS01/301200068/0/blogs/?odyssey=nav%7Chead

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by | January 20, 2012 · 1:18 am

Hospitality Industry Food Risks: Mexican Restaurant Chain Is Source Of "Salmonella" Outbreak; Food Contamination "Likely" Occurred Prior To Reaching Chain

Investigative efforts were unable to identify a specific food associated with illness, but data indicate that contamination likely occurred before the product reached Restaurant Chain A locations.

CDC collaborated with public health officials in multiple states and the U.S. Food and Drug Administration (FDA) to investigate a multistate outbreak of Salmonella Enteritidis infections which was associated with eating food from a Mexican-style fast food restaurant chain, Restaurant Chain A. This outbreak now appears to be over.

Public health investigators used DNA “fingerprints” of Salmonella bacteria obtained through diagnostic testing with pulsed-field gel electrophoresis, or PFGE, to identify cases of illness that may be part of this outbreak. They used data from PulseNet, the national subtyping network made up of state and local public health laboratories and federal food regulatory laboratories that performs molecular surveillance of foodborne infections.

For more:  http://www.foodpoisonjournal.com/foodborne-illness-outbreaks/multi-state-salmonella-outbreak-linked-to-unnamed-mexican-restaurant-chain/

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Filed under Claims, Food Illnesses, Guest Issues, Health, Insurance, Liability, Management And Ownership

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by | January 19, 2012 · 6:47 am

Hospitality Industry Legal Risks: "Class-Action Lawsuit" Filed Against New York Hotel And Water Park For "Norovirus Outbreak" Stemming From "Contaminated Food And Pool Water"

“…The state Department of Health documented more than 600 cases of norovirus in March 2008, apparently stemming from contaminated food and pool water at the park’s hotel complex…”

“…alleges that Great Escape, and its parent company Six Flags Inc., failed to maintain proper sanitary conditions and didn’t warn guests once the outbreak became known…”

Attorneys representing more than 100 people filed a class-action lawsuit Wednesday in state Supreme Court in Warren County against the Six Flags Great Escape Lodge & Indoor Waterpark over a 2008 norovirus outbreak.

“Here, many people, especially children, suffered brief but violent periods of illness,” said Don Boyajian, one of two attorneys representing those who were infected.

Those infected experienced brief but violent fits of vomiting and diarrhea.

Dozens of people filed lawsuits following the incident. Those claims were consolidated into a single case — the class-action lawsuit, which has been in the works since 2009.

Boyajian did not specify the amount of damages being sought. He said damages would depend on the virus’ impact on each individual.

Attorneys representing Great Escape were not available on Wednesday for comment.

Read more: http://poststar.com/news/local/class-action-lawsuit-filed-against-great-escape-over-norovirus-outbreak/article_997adaa2-4226-11e1-8bea-0019bb2963f4.html#ixzz1juoN2fka

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Filed under Claims, Food Illnesses, Guest Issues, Health, Insurance, Labor Issues, Liability, Management And Ownership, Risk Management

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by | January 17, 2012 · 1:40 am

P3 Hospitality Industry Risk Report: “Hotel Power Outage Checklist” Presented By Director Of Risk Management Todd Seiders Of Petra Risk Solutions (Video)

[vimeo http://www.vimeo.com/52513104 w=500&h=281]

Petra Risk Solutions’ Director of Risk Management, Todd Seiders , offers a P3 Hospitality Risk Report – ‘Hotel Power Outage Checklist’. 

P3 (Petra Plus Process) is the Risk Management Division of Petra Risk Solutions – America’s largest independent insurance brokerage devoted exclusively to the hospitality marketplace.

 For more information on Petra and P3 visit petrarisksolutions.com or call 800.466.8951.

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by | January 16, 2012 · 7:13 am

Hospitality Inudustry Insurance Risks: Restaurants Are Adding New "Business Innovations" That May Not Be Covered By Existing Insurance Coverages

“…Many (restaurants) are turning to innovations to grow their business. While that can be a plus for their balance sheets, it can also open the door to unexpected liabilities that their insurance policies were not designed to cover…”

Agents can head off this scenario and build a strong consultative relationship with their restaurant customers by asking key questions at renewal time. Here are some of the trends that could put restaurants at risk and the questions agents should ask their restaurant customers :

  1. Mobility. Has the restaurant added new services, such as delivery of meals using hired drivers with their own cars?
  2. Branch out businesses. Has the restaurant started a new line of business, such as catering?
  3. Trendy foods. Has the restaurant introduced new menu offerings as part of the strategy for attracting more customers, such as locally sourced foods, an emphasis on organic ingredients or assurances about non-allergenic ingredients?
  4. Additional payment methods. Is the restaurant accepting new methods of payment, such as online credit charges or smartphone purchasing?

All too often, the lack of appropriate coverage only becomes evident when a mishap occurs and a claim is filed. After someone has already threatened to sue for damages is usually a bad time for restaurant owners to discover they should have consulted with their insurance agent about their insurance needs before changing their business model.

For more:  http://www.propertycasualty360.com/2012/01/12/4-trends-that-can-put-restaurants-at-risk

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Filed under Claims, Food Illnesses, Guest Issues, Insurance, Labor Issues, Liability, Management And Ownership, Training

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by | January 15, 2012 · 1:05 am

Hospitality Industry Legal Risks: Texas Hotel Sued By Family Of Housekeeper Who Died Falling Down Service Elevator Shaft; State Required Inspection Two-Weeks Overdue

“…Gloria Rodriguez, 65, had been an employee at the Crockett Hotel for 12 years when she fell six stories down the service elevator shaft Dec. 28. The elevator’s state-required annual inspection was more than two weeks overdue at the time…”

The family of a Crockett Hotel housekeeper who plunged to her death down an open elevator shaft last month has filed a wrongful death lawsuit.

Named in the suit are New Jersey-based Otis Elevator Company and 1859-Historic Hotels Ltd., a Galveston-based company that owns the Crockett Hotel and the nearby Menger Hotel in downtown San Antonio.

“Based upon current information, it is believed that she attempted to get on the elevator but when the doors opened there was no elevator, causing her to fall,” Houston-based attorney James Hada wrote in the suit, filed Wednesday.

Read more: http://www.mysanantonio.com/news/local_news/article/Wrongful-death-suit-filed-for-fatal-elevator-2519149.php#ixzz1jSJFD4KN

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Filed under Claims, Injuries, Insurance, Labor Issues, Liability, Maintenance, Management And Ownership, Risk Management

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by | January 14, 2012 · 2:10 am

Hospitality Industry Property Risks: Chicago Hotel Pool Remains Closed Due To Failure To Comply With Federal Law Requiring Drains To Be Fitted With Large Covers And Backup Systems

“…The law requires drains to be fitted with larger covers and backup systems. It affects all public pools and spas, including those at apartment and condo complexes, hotels and health clubs…Since the law went into effect, the commission first removed the backup requirement, then reinstated it, bowing to pressure from the industry and then to safety advocates…”

Sunlight still bathes the mosaic tile, terra-cotta fountain and potted palms at the Hotel InterContinental’s iconic indoor pool. But no bathers ripple the water. Stuck in regulatory purgatory, the pool has been closed since October.

The junior Olympic-sized pool is one of the better-known in the city and once drew famous visitors like “Tarzan” star Johnny Weissmuller. Now, it’s among nearly 300 public pools across Illinois still listed as noncompliant with federal regulations designed to reduce the risk of swimmers being sucked into drains and drowning.

Hotel officials say their pool will reopen soon. And many of the other facilities are outdoors and would be closed in winter, anyway. But with so many affected sites, expensive fixes and delays in getting state approval, some pool operators wonder if they’ll be ready come spring.

For more: http://www.chicagotribune.com/news/local/ct-met-pool-drains-update-20120115,0,7498748.story

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by | January 12, 2012 · 7:00 am

Hospitality Industry Legal Risks: Washington State Supreme Court To Hear Restaurant Operator's "Products Liability And Negligence Lawsuit"; Employee "Spat On Hamburger"

An appeals court asked a state supreme court for help in deciding whether to revive a case by a police officer against Burger King over a Whopper he says a worker spat on.

Bylsma sued Burger King and restaurant operator Kaizen Restaurants Inc under products liability and negligence laws. He said he suffered ongoing emotional trauma from the incident, including vomiting, nausea, food anxiety and insomnia that required professional help.

The U.S. Court of Appeals for the 9th Circuit on Wednesday asked the Washington Supreme Court to clarify whether Washington law would allow the officer to recover damages for emotional harm when he only touched, but did not eat, the contaminated burger.

Clark County Sheriff’s Deputy Edward Bylsma said in the lawsuit that he drove his police cruiser through a Burger King drive-thru in Vancouver, Washington, in March 2009. He had “uneasy feeling” about the two employees that served him, the complaint said. When Bylsma later examined the burger, he noticed a large glob of spit on the meat patty. He touched the substance, but did not eat the burger.

DNA testing revealed the saliva belonged to one of the Burger King employees, who pled guilty to assault and was sentenced to 90 days in jail, the court opinion said.

For more: http://newsandinsight.thomsonreuters.com/Legal/News/2012/01_-_January/9th_Circuit_asks_state_court_to_weigh_in_on_Whopper_spit_suit/

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Filed under Claims, Employment Practices Liability, Food Illnesses, Guest Issues, Health, Injuries, Insurance, Labor Issues, Liability, Risk Management

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by | January 11, 2012 · 11:41 am

Hospitality Industry Legal Risks: Pennsylvania Restaurant Franchise Sued For "Racial Discrimination" In Promoting Employees

“…The lawsuit …claims that Panera franchisee Covelli Enterprises discouraged managers from hiring African Americans, and then relegated them to menial, back-of-the-shop roles….”

A Panera Bread franchisee had a policy of keeping “fat, black or ugly” people off of the cash registers and out of management positions, according to a lawsuit filed in federal court today that seeks class action status.

It follows a lawsuit filed in November by a former Panera Bread manager who said he was fired under pretenses after he objected to such policies. Both Mr. Vines and the former manager are represented by attorney Sam Cordes.

Mr. Vines, who is black, worked at Panera at the Galleria in Mt. Lebanon from November 2009 through August 2011, according to the complaint. While he was there, a district manager told a store manager that Sam Covelli, of Covelli Enterprises, might give them both a “death sentence” if he saw Mr. Vines working a cash register, because Mr. Vines was a “that” — code for an African American.

Because Mr. Vines was a good employee, the store manager continued to periodically put him on the cash register, and tried to promote him, the complaint said. He was repeatedly reprimanded, however, and was not allowed to promote Mr. Vines, it said.

Mr. Vines eventually was forced to quit because of the policies, the complaint said. Mr. Cordes said he now works at another restaurant. He seeks actual, compensatory and punitive damages.

Mr. Vines seeks to represent the interests of all African Americans hired at Panera Bread branches owned by Covelli Enterprises, which is based in Warren, Ohio. Mr. Cordes said that the class of plaintiffs does not include overweight or “ugly” people.

Read more: http://www.post-gazette.com/pg/12011/1202770-100.stm#ixzz1jBDYhqK9

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by | January 10, 2012 · 3:26 am

Hospitality Industry Legal Risks: Woman Files "Negligence Lawsuit" Against Major Hotel Group After Front Desk Staff Gives Room Key To "Drunken Man" Who Assaults Her

A New York business woman is suing Starwood Hotels and Resorts Worldwide, claiming staff at one of their hotels gave her room key to a drunken man who allegedly sexually assaulted her in her bed.

 “…suing the company for negligence and negligent infliction of emotional distress for an amount to be determined at trial…”

Alison Fournier announced the suit today at a news conference with women’s rights lawyer Gloria Allred. According to the suit, Fournier was in her locked room in Hotel Kämp, a hotel operated by Starwood Hotels in Helsinki, Finland, on the night of Jan. 15, 2011 when she was sexually assaulted.

The man, who was “visibly intoxicated,” had undressed, slipped into her bed, and proceeded to grope her naked body, the suit says.

That same man, according to the suit, later went to the front desk, said that he was Fournier’s husband, and obtained a key from hotel staff to her room.

The staff did not ask him for any identification or proof that he was in fact Fournier’s husband, according to the lawsuit. He then proceeded to her room and tried to molest her. She awoke, grabbed a housecoat, and ran screaming from the room.

For more:  http://abcnews.go.com/US/woman-sues-hotel-claiming-drunken-man-room-key/story?id=15324761

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