Category Archives: Insurance
“2014 Hospitality Law Conference” Sponsored By HospitalityLawyer.com On February 10-12 Features Industry Legal, Safety And Security Solutions
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Filed under Conferences, Guest Issues, Injuries, Insurance, Labor Issues, Liability, Management And Ownership, Risk Management, Training
Hospitality Industry Risk Solutions: “2014 Hospitality Insurance & Loss Prevention Summit” On February 10 Presented By Petra Risk Solutions
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December 20, 2013 · 6:45 amHospitality Industry Legal Risks: Hotels And Restaurants Hopeful Of “Patent Troll Litigation” Relief As Congress Begins Consideration Of H.R. 3309 (The Innovation Act) On December 5
“…(Patent Troll Litigation) threaten(s) litigation if (businesses) don’t pay a licensing fee for their alleged patented technology, but their demands 
are so obscure that it is virtually impossible to determine the validity of the patent claims, or even whether they own the patent in question. When we receive a patent assertion claim, it typically comes in the form of a letter demanding that we pay licensing fees or be taken to court…expenses include the costs associated with hiring outside counsel. In the past two years, our legal costs associated with patent trolls have increased from one-quarter of one percent to nearly twenty percent of our total legal costs…”
H.R. 3309 (The Innovation Act) requires a party alleging patent infringinement to disclose more information than is currently required in its initial pleadings. Speficially, the bill requires a claimaint to identify the patents and claims that are allegedly infringed; and to specify how they are being infringed.
White Castle first opened our doors in Columbus in 1921. Today, our nearly 10,000 team members working in 406 restaurant locations across 12 states deliver the “Taste America Craves.” We remain a family owned business committed to our customers and our communities. Our success has been driven by the principle that good business, great food and responsible citizenship should all go together.
The restaurant industry, with nearly one million locations, is an incredibly competitive industry. We are constantly seeking new ways to provide additional value to our customers and keep them coming back to our restaurants. This includes our online ordering applications to searching for your nearest white castle location on your mobile device.
Unfortunately, there is a rising threat to White Castle and many other companies interested in providing our customers with the experience they want…it’s called a “patent troll.â€Â Now, as you can assume by the name, these patent trolls aren’t your legitimate patent holders or small inventors. These are entities that are created to exploit ambiguities in the patent system to make money off of Main Street businesses.
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Filed under Insurance, Liability, Management And Ownership, Risk Management, Technology
Hospitality Industry Property Risks: North Carolina Hotel Suffers “Extensive Water Damage” From Fire Sprinklers Activated By Small Heating Unit Fire
“…Most of the damage was from the sprinkler system…once a fire activates the system, the sprinklers will continue to pour water (up to 40 
gallons per minute) until someone shuts them off…workers from a disaster recovery service, hauled fans and dehumidifiers to the damaged rooms. Workers had torn up soaked carpets from several of the rooms and at least half of one of the hallways…”
A small fire in a failed heating unit in an unoccupied room at the Holiday Inn on Glenwood Avenue on Thursday night caused extensive damage, but not because of the flames. Fire sprinklers doused the entire 10th floor of the building, soaking carpets, furniture and wallpaper. Damage extended to an estimated 25 percent of the building, according to a Raleigh Fire Department report.
About 70 firefighters arrived at the hotel just before 9 p.m. Thursday, but the sprinklers had already quenched the flames. No one was injured.
“They are designed to put a fire out, and the only way they can do that is to flow a lot of water,†Hicks said.
Read more here: http://www.newsobserver.com/2013/11/29/3417282/fire-extinguishers-at-holiday.html#storylink=cpy
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Filed under Fire, Guest Issues, Insurance, Maintenance, Structural Damage
Hospitality Industry Legal Risks: “How To Serve Alcohol At A Company Party Without Getting Sued” By Tom Posey
How to Serve Alcohol at a Company Party Without Getting Sued
By Tom Posey, Partner, Faegre Baker Daniels
With the holidays right around the corner, many businesses will host festive company outings and events for their employees, including parties at the office—and often these celebrations include alcohol.
Employers need to understand the legal parameters of having alcohol in the workplace in order to establish a safe, responsible and enjoyable work environment for their employees. A few common questions from employers at this time of year are:
http://www.faegrebd.com/tom-posey
Some states have laws that govern “social host liability.” Through these laws, bartenders or social hosts can be held liable for events that result from over-serving someone (e.g. accidents, injuries, etc.).  These laws would make the organization responsible for monitoring consumption and cutting off drinking by anyone who becomes intoxicated, so be aware of the laws in your jurisdiction.
If some of our employees are under the legal drinking age, can we still serve alcohol?
Employers must ensure that no one underage has access to alcohol. If alcohol is served to a minor, the employer can be subject to the same stiff fines and penalties that a store or bar that serves a minor would face. Â Accordingly, if underage employees will be attending the party, employers must be vigilant in making sure that they are not served or allowed access to alcoholic beverages.
If an employee has too much to drink and has an accident, it is still covered by our insurance, right?
Employers who provide alcohol to their employees may unwittingly negate coverage under their general liability insurance policies and be on the hook for costs associated with alcohol-related incidents or injuries, so be aware of the limitations and exceptions applicable to your organization’s employee-related policies.
Any other legal risks the organization might face if alcohol will be served at holiday functions?
There is an increased risk of sexual harassment-related complaints that result from company events where alcohol is present (e.g. the stereotypical office holiday party 
that is always satirized in movies and TV shows). Remember that even though the function might be held outside normal working hours, employees are still afforded protection from harassment or other inappropriate conduct that might be directed at them by their colleagues.
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Filed under Employment Practices Liability, Insurance, Labor Issues, Liability, Risk Management, Training
Hospitality Industry Insurance Risks: Workers’ Compensation Fraud Accounts For 25% Of All Insurance Fraud, Costing $5 Billion Annually
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November 14, 2013 · 9:05 amHospitality Industry Fire Risk Management: “Security Alert! Check The Security Of Your Hotel’s Knox Boxes Frequently” By Todd Seiders, CLSD, Petra Risk Solutions
Security Alert! Check The Security Of Your Hotel’s Knox Boxes Frequently
by Todd Seiders, CLSD
Check your Knox Boxes! A Knox Box, known officially as the KNOX-BOX Rapid Entry 
System, is a small, wall-mounted safe-like box that holds building keys for firefighters and EMTs to retrieve in emergencies. In many jurisdictions, the local Fire Department requires that a Knox Box be located outside of your hotel (check with your local Fire Department for requirements; some jurisdictions may not require hotels to have one), for their use only, in the event of an emergency. The Knox Box has a complete set of the hotel’s master keys locked inside this box.
Knox Boxes simplify key control for local fire departments. Local fire companies can hold master keys to all such boxes in their response area, so that they can quickly enter a building without having to force entry or find individual keys held in deposit at the fire station. Sometimes Knox Boxes are linked via radio to the dispatch station, where the dispatcher can release the keys with telecommunication tone signaling over analog phone lines.
Knox Boxes have advantages and disadvantages for both business owners and emergency responders. The main advantage for their use is that they cut fire losses for building owners since firefighters can more quickly enter buildings without breaking doors or windows. The disadvantage of the system is that it provides a single point of failure for security. If the key to a district’s Knox Boxes is stolen or copied, a thief can enter any building that has a Knox Box. Likewise, if the locking mechanism or structural integrity of the box is compromised, a thief can gain access to the keys and hence access to the entire building. For this reason some building owners wire Knox Boxes into their burglar alarm systems so that opening the box trips the alarm, thus negating its use in facilitating clandestine entry.
Knox Boxes are an actual miniature safe designed to withstand tampering and are built in a variety of sizes ranging from a box designed for two keys to one designed to hold hazardous material information and multiple keys. Prices start at approximately $250.00. Most Knox Boxes are mounted onto a wood or steel mounting with the screws or bolts covered.
Yet, this does not mean that Knox Boxes are indestructible or cannot be removed from their mounting with force. We have recently seen many of these Knox Boxes forcefully removed from their wall mountings and stolen from the property. In several cases the thieves then returned to the hotel with the master keys and stole items.
In one theft at a hotel the thieves specifically used the master keys to access the storage room for the hotel night audit packets and guest files. The thieves stole hundreds of night audit packets containing the names, addresses and credit card numbers of previous guests. Obviously, hotels can be held liable for breach of guests’ personal information or loss of their credit card data.
So, what should hoteliers do? Secure your night audit packets/files in a secure room that has a hard metal key, rather than a magnetic key card lock. There should only be one or two hotel employees that have access to the night audit storage room, and storage room keys. Secure these files separately, and control all access to them. DO NOT include a key to this storage room in your Knox Box, or on your “master key ringâ€, or even leave this key unattended in a key box. The night audit file storage room key should be kept separate from all other keys.
As for the hotel’s Knox Box, local ordinances may require that your property have a Knox Box in the event of an emergency. If so, follow these suggestions:
- Check that your Knox Box is solidly secured to its location, using numerous heavy duty screws or bolts to make it extremely hard to remove.
- Relocate your Knox Box to a well lit area, and in view of security cameras, if your property has them.
- Add a visual inspection of the Knox Box to your property inspection form and security tours so it will be inspected on a regular basis. This will let you know in a timely manner if someone has tried to remove it, or has in fact actually removed or damaged. Immediately re-key the entire hotel if the Knox Box is stolen or the keys inside come up missing. 
Pictured above: Here’s what some of the various Knox Boxes look like.
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(Todd Seiders, CLSD, is director of risk management for Petra Risk Solutions, which provides a full-range of risk management and insurance services for hospitality owners and operators. Their website is: www.petrarisksolutions.com. Todd can be reached at 800-466-8951 or via e-mail at: todds@petrarisksolutions.com.) Â
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Filed under Crime, Fire, Insurance, Liability, Maintenance, Management And Ownership, Risk Management, Theft, Training
Hospitality Industry Insurance Solutions: “Hospitality Workers’ Compensation Fundamentals” By Brad Durbin Of Petra Risk Solutions
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Filed under Injuries, Insurance, Labor Issues, Liability, Management And Ownership, Risk Management, Training
Hospitality Industry Insurance Issues: Employer Timeline For “Implementing The Affordable Care Act (ACA)”
For more:Â http://www.hotelnewsnow.com/media/Images2013/SpecialReports/20131028_Obamacare_timeline.jpg
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Filed under Insurance, Liability, Management And Ownership, Risk Management
P3 Hospitality Industry Risk Report: “Globally Harmonized System (GHS)†By Petra Risk Solutions’ Director Of Risk Management Todd Seiders, CLSD
[vimeo http://vimeo.com/68627105]
Petra Risk Solutions’ Director Of Risk Management, Todd Seiders, CLSD , offers a P3 Hospitality Risk Update – ‘Globally Harmonized System (GHS)’.
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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Filed under Guest Issues, Health, Injuries, Insurance, Labor Issues, Management And Ownership, Risk Management, Training
