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HOTEL BUSINESS REVIEW

MAY FOCUS: Eco-Friendly Practices

 

Insurance Coverage for Hotels & Resorts: Policies to Consider and Potential Pitfalls

By Dana Kravetz Managing Partner, Michelman & Robinson, LLP | May 2018

For many, just the mention of the word is enough for eyes to glaze over and minds to wander. Bring it up as fodder for cocktail party conversation, and the universal response is oftentimes a collective yawn. But insurance, though much maligned and not the sexiest of topics, is a critical cog in the wheel of commerce, and one that cannot be ignored. And that is because this intangible product is an invaluable tool that allows businesses, including those in the hospitality space, to manage the risk of financial loss - catastrophic and otherwise - by transferring it to third parties (read: insurance companies).

Of course, this transfer of risk comes at a cost, in the form of insurance policy premiums, which is not insignificant. Neither is the complexity of coverages that can leave hotel and resort owners and operators scratching their heads. With that in mind, this article seeks to demystify the subject and provide practical considerations for insureds in the hospitality industry.

Why Insurance Is So Vital

For any hotelier - large or small - the import of adequate insurance protection cannot be overstated. Why? Because inherent in the hospitality business are risks to guests, employees, property and revenues that can have severe and lasting financial consequences if left uninsured.

The possibilities for loss are endless: hotel guests or employees injured on site, resort property destroyed by natural disaster, diminished revenues on account of business interruption, costly data breaches that reveal customers' private customer information, embezzlement - the potential for exposure, both legal and to the bottom line, seems to lurk around every corner. This is particularly true given the extraordinarily litigious nature of our society. Lawsuits and liability claims are an unfortunate inevitability for hotels and resorts, and without proper insurance coverage, the associated costs could be insurmountable. Hence the necessity for each and every hotelier to avail itself of a comprehensive insurance portfolio that serves as a financial safety net in the event of a damaging occurrence.

The reasons why hospitality businesses need insurance do not end there. For instance, the law in most states obligates employers to obtain certain types of coverage (e.g., workers' compensation, unemployment and disability), and the failure to carry legally required policies could result in civil or even criminal penalties, among other things.

Lenders also demand that corporate borrowers - hotels included - be sufficiently insured before agreeing to loan funds. Similarly, some non-financing-related contractual relationships may include insurance requirements.

Less tangible, but as important, is the peace of mind that comes with suitable insurance coverage - peace of mind borne of the assurance that financial losses in the wake of a mishap, liability or act of God will be prevented or otherwise reduced, risk will be shared and business will continue unabated. Which begs the question, what policies should hotels and resorts have in place to ensure such a sense of security and to safeguard guests, employees, real and personal property and the like?

Essential Policies

What follows is an overview of several of the key coverages typically obtain in the hospitality context.

  • Commercial General Liability Insurance

A commercial general liability (CGL) policy shields hotels and resorts from financial losses caused by their services, operations or employees that result in property damage or bodily, personal or advertising injury to others. The insurance typically covers the costs of a business's legal defense, as well as monetary damages if and when legal liability attaches (up to the policy limits, of course). Unless specifically excluded, the bodily injuries contemplated under a CGL policy include physical harm to a guest or third party as well as mental injuries and emotional distress. As for personal and advertising injuries, a number of offenses fit the bill, such as libel, slander, copyright infringement and invasion of privacy. There is more. Most CGL policies also provide limited no-fault coverage for medical payments for injuries sustained by non-employees caused by accidents that occur on an insured's premises or are somehow related to its business operations. When purchasing a CGL policy, hoteliers should be sure to include a broad form endorsement and coverage against liability arising out of the ownership or operation of motor vehicles (in the alternative, stand-alone commercial automobile policies are widely available).

  • Commercial Property and Business Interruption Insurance

Commercial property insurance protects against damage to a hotel or resort's physical property, including buildings, signage and landscape, as well as to a hotelier's personal property (e.g., equipment, inventory, furniture). Thus, in the event of a covered disaster - say, a fire or storm damage - a standard policy will help to pay rebuilding or replacement costs (it can cover loss or damage to the property of others on site too). And because a catastrophe could disrupt the flow of business income, an owner or operator should always consider adding an endorsement or rider to its commercial property policy that extends coverage to business interruption losses. For hotels and resorts, business interruption insurance (not available as a stand-alone product) covers lost revenue and fixed expenses (e.g., lease and utility costs) when a location's closure is triggered by a peril that is not excluded from coverage.

  • Worker's Compensation Insurance

Workers' compensation insurance is state-mandated and provides valuable benefits to employees, all the while protecting hotels and resorts from legal exposure. The coverage pays for an employee's medical expenses, lost wages and rehabilitation services that result from a work-related injury or illness. Workers receive benefits regardless of fault, and in the event of death due to a workplace accident, funeral costs and benefits are oftentimes paid to the deceased employee's family. Of note, worker's compensation mandates can vary significantly from state to state.

  • Employment Practices Liability Insurance

Hoteliers, in their capacity as employers, are subject to a broad range of employment-related litigation. Indeed, the number of lawsuits filed by employees against their employers are on the rise, a trend that has no doubt been fueled, of late, by the #MeToo movement, and no company is immune - especially those in the labor-intensive hospitality space. Which is why hotel and resort operators elect to procure employment practices liability insurance. More commonly known as EPL insurance or EPLI, these policies furnish employers coverage against employee-made claims alleging discrimination - gender, sexual orientation, race, age, disability, etc. - wrongful discipline, wrongful termination, sexual harassment and other similar issues, such as the failure to employ or promote.

  • Commercial Crime Insurance

Crime - namely theft and fraud - is a constant threat to business, and when it happens, it can be devastating. Yet such losses, including those due to employee dishonesty, forgery and credit card fraud, theft of money, burglary, robbery and computer fraud, are not ordinarily covered by commercial property policies. Commercial crime insurance fills the void by covering such losses, which are certainly prevalent in the hospitality sector.

  • Liquor Liability Insurance

Liquor liability insurance provides protection against bodily injury or property damage caused by an intoxicated person who was sold or served liquor at a covered hotel or resort. Also known as dram shop insurance, this coverage (which is commonly excluded in a general liability policy) can be added as an endorsement to a CGL contract or purchased separately. When liquor liability insurance is in place, the claims of aggrieved third parties for which a hotelier is legally liable are paid up to the policy limits, together with associated defense costs. A caveat, however: because each state has its own laws pertaining to legal liability in the event of an injury to a third party by someone who is intoxicated, the scope of liquor liability coverage can differ depending upon locale.

  • Cyber Insurance

Technological innovations continue to place personal and corporate information at risk, which explains the ongoing spate of invasive data breaches that impact companies of all sizes, not to mention their customers. To combat what is fast becoming an “if, not when” landscape of cybercrime, more businesses than ever are purchasing cyber insurance. These policies help mitigate risk exposure by offsetting costs involved with recovery after a cybersecurity event. Broadly, cyber insurance can cover a hotelier's liability for a data breach involving sensitive customer information - credit card and driver's license numbers, etc. - as well as the cost of related investigations, notification, identity restoration, data recovery, computer system repairs and, in some cases, cyber extortion from ransomware.

  • Commercial Umbrella Insurance

Commercial umbrella insurance offers liability coverage above and beyond the limits provided by a company's CGL or EPLI policies. This “worst case scenario” protection is activated in the event of a catastrophic loss, delivering excess limits of insurance when underlying liability policies are exhausted by the payment of claims.

Practical Considerations

These enumerated policies represent some, but not all, of the insurance products available to hoteliers; albeit the coverages listed above are amongst the most important to carry. That being said, in determining whether to purchase any insurance policy - including the ones mentioned here - or even if an insurance portfolio is already in place, decision makers are encouraged to keep a few important items front of mind.

First, when applying for coverage, hospitality applicants must be careful to disclose the existence of any potential claims so as not to jeopardize a policy's enforceability going forward. This is because most insurance contracts allow an insurer to rescind a policy or to deny a claim when an insured intentionally conceals or misrepresents material facts concerning the insurance in question. Without questions, this is a problem that must be avoided.

In terms of the cost of coverage, remember that the higher the policy deductible (e.g., the amount an insured must pay out of pocket before its insurance company begins paying on a claim), the lower the premium. This basic caveat is crucial to the analysis of the affordability of any given coverage - one that should factor in risk tolerance versus premium savings attributable to a steeper out-of-pocket commitment. Along these lines, for insurance to be exercised only in the event of a catastrophic incident, the more expensive the deductible, the better.

Also, no matter the deductible, one of the great benefits of liability coverage is that an insurer will provide and pay for a complete defense when a hotel or resort is sued (assuming the claim is not excluded). That is the good news. Unfortunately, however, most policies do not allow an insured to choose its lawyers; instead, a law firm is typically appointed for representation, which is not always ideal. For hoteliers wanting more control over legal matters - including the opportunity to work with their own attorneys - a choice of counsel endorsement should be considered.

Finally, it is imperative to understand that the insurance-related requirements of a given hotel or resort are unique to that entity's circumstances. Likewise, when getting into the weeds regarding policy specifics, limits of coverage and so forth, many questions can, and probably will, arise (for example, what parties, if any, to list as additional insureds). As such, hoteliers are advised to foster interaction between their qualified insurance brokers and attorneys while in the process of assessing and binding coverages.

Sir Richard Branson, founder of the Virgin Group, has said, “You can't run a business without taking risks.” This is undoubtedly true in the hospitality space, where risk is not necessarily a bad thing - so long as it is insured.

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13. PRIVACY POLICY

The following is the Privacy Policy for HotelExecutive

We can be reached via telephone, email, or online at our contact page. When you visit our site we do not log any information regarding your domain or email address. Information Sharing: We do not share user information with any third parties other than via press release distribution as described below.

Hotel Newswire is a newswire service that distributes press releases on behalf of our users. If you decide to submit a press release for distribution through our system we will transmit your entire press release including any personal information therein contained to our media contacts and online distribution points including search engines. This is the only redistribution of your information that we engage in. Your submission of press releases through our system indicates consent with this policy. The information we collect during your registration process is used to notify users about updates to our service and inform users of any special events hosted by Hotel Newswire. This information is not shared with other organizations for commercial or non-commercial purposes.

Cookies: Our system requires the use of cookies to enable the user to log back into our website to access information from the newswire, without having to log in each time using the required username and password.

If you do not want to receive email from us in the future, please let us know by following instructions included in our communication with you. Users who supply us with telephone numbers online may receive telephone contact from us regarding their account, or informing them of new products and services available on the HotelExecutive website. If you do not wish to receive such telephone calls, please edit your account and remove your phone number from your account profile. This can be done from your user account menu.

Ad Servers: We do not partner with or have any relationship with any ad server companies. From time to time, we may use customer information for new uses not previously disclosed in our privacy notice. If our information practices change at any time, we will post the policy changes to our website to notify you of these changes and provide you with the ability to opt out of these new uses. If you are concerned about how your information is used, you should check back at our website periodically.

Upon request we provide site visitors with access to all information (including proprietary information) that we maintain about them. Users can access this information by logging in to their account.

Security: We always use industry-standard encryption technologies while transferring and receiving user data exchanged with our site. We have appropriate security measures in place in our physical facilities to protect against the loss, misuse, or alteration of information that we have collected from you on our site. We do not store credit card information in our systems.

If you feel that this site is not following its stated information policy, you may contact us.

Cynthia Mejia Today's Guests Desire a Healthy Hotel Life
  • By Cynthia Mejia, Associate Professor, University of Central Florida Rosen College of Hospitality Management

    • When making strategic decisions, hotel operators and owners rely on the capex numbers, the various markets, the comp set, supply chains, guestroom and public space FFE, employee recruitment and retraining, architectural skin and bones, basic amenities, and food and beverage concepts. However, it is critical to focus on the hotel’s future audience and then to identify the personality, attributes, features, characteristics, and skills required to attract and retain the potential guests of today and tomorrow. In other words, it’s important to ask two questions: (1) Who are the true potential audiences/markets of your hotel; and (2) For what reasons...

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Richard Halsall Thermal De-Stratification as a Strategy for Environmentally-Friendly Hotels
  • By Richard Halsall, CEO, Exhale Fans

    • In recent years, sustainability has shifted from being a niche interest to a mainstream expectation across nearly every industry, especially the hospitality trade. Hospitality, in particular, has experienced a surge in demand for environmentally responsible practices, as consumers increasingly prioritize eco-conscious choices when selecting hotels. This change is driven by a combination of heightened environmental awareness, generational shifts in values, the rise of corporate responsibility, and the influence of digital platforms that spotlight sustainability efforts. Energy costs are rising at a rapid pace affecting all parts of our economy. The impact on the Hotel industry is apparent. During the late...

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Greg Poirier Guests Want Authentic Sustainability Practices, and The Travel Market Is Delivering
  • By Greg Poirier, Director of Green Lodging/Green Hospitality Certifications, Audubon International

    • The travel market continues a dramatic shift towards sustainability. Driven by increasing environmental awareness among consumers, regulatory pressures, and the promise of long-term economic benefits, green certified hotels and resorts are the industry’s most sought-after market segment. Travelers and industry stakeholders alike recognize the importance of credible sustainable practices. This trend translates into higher-than-ever Hospitality Certification demand at organizations such as Audubon International. Let’s explore the factors driving demand growth for green certified hotels and resorts, supported by recent research and case studies. Rising Environmental Awareness A 2023 report issued by the World Travel and Tourism Council...

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Paul McElroy Designing Diversely
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    • For today’s traveler, the possibilities are nearly endless. Someone vacationing in my homebase of Honolulu, for example, can stay anywhere from a limited-service hotel to a luxe oceanfront resort and spa to a secluded Airbnb. That same traveler might return for business and make a completely different hotel choice. The hospitality industry contains multitudes of brands and product types, and travelers have never had more options than they do today. Highgate’s portfolio is incredibly diverse: The company manages every class of hotel from brands including Viceroy, Marriott, Hilton, IHG, Radisson and Hyatt; plus independent and boutique properties across...

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Alexander Mirza Winning Moves: How Hospitality Can Score Big With AI
  • By Alexander Mirza, Founder & CEO, Mogul

    • Having once again demonstrated its resilience in the face of long-term labor shortages, inflationary pressures and geopolitical uncertainty, the U.S. economy remains the envy of the world. However, two parallel and contradictory trends - the spread of the union contagion pushing into new sectors and the growing pull of the freelancer gig economy (which represents 56 million Americans or 36% of the workforce) - reflect elevated levels of distrust in the corporate world and all levels of government. These trends have spilled into a now turbulent technology sector which is shedding thousands of jobs being replaced by artificial...

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  • By Merrick Dresnin, Chief People Services Officer, Cote Hospitality

    • When telling my wife that I was writing an article on Workers’ Compensation, you can imagine her reaction – boring! After discussing the business importance of this topic, she changed her mind. A company can talk about how wonderful they treat their employees and their focus on engagement. If that same company ignores those healing from injury, fails to provide sufficient information to them or neglects empathy for their plight, that company can watch its engagement survey scores plummet. It is not just about ensuring an engaging workplace – managing workplace injuries is economics. Costs go up if injury...

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  • By Enari Bryant, Sales Manager, Brick Hospitality

    • Advanced technology is gaining traction across various industries due to its ability to significantly enhance efficiency, improve accuracy, and elevate customer experiences. In fields like manufacturing, healthcare, and retail, technologies such as artificial intelligence (AI), robotics, and automation are revolutionizing operations by streamlining processes, reducing human error, and optimizing resource utilization. These advancements not only increase productivity but also enable businesses to deliver services much faster, thereby gaining a competitive edge in the market. In the hotel industry, advanced technology is similarly transforming guest experiences and operational efficiency. Hotels are increasingly adopting state-of-the-art digital concierges and virtual assistants for...

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