Focused on: Restaurant & Hospitality Liability — USA (New York City, Los Angeles, Chicago, Miami)
Running a productive claim meeting with your broker and carrier can be the difference between a quick, fair resolution and months of lost revenue and rising costs. For restaurants and hospitality businesses in major U.S. markets (e.g., New York City, Los Angeles, Chicago, Miami), the stakes are high: reputational damage, business interruption, and high-liability exposures require structured, evidence-based meetings that keep reserves, subrogation, and coverage clear from day one.
Below is a tactical playbook you can use to run efficient, outcome-focused claim meetings.
Why an organized meeting matters
- Controls cost: Early agreement on reserves and mitigation minimizes claim creep.
- Protects coverage: Documentation and timely responses prevent denials and Reservation of Rights complications.
- Preserves subrogation: Early fact-finding secures third-party recovery opportunities.
- Protects BI claims: Proper forensic accounting and contemporaneous proof reduces dispute on lost profits.
(Industry resources: Insurance Information Institute on business insurance and small-business risk management can help frame expectations: https://www.iii.org/article/what-business-insurance-does-my-business-need. For restaurant-specific context and industry stats see National Restaurant Association research: https://restaurant.org/research/restaurant-statistics. Practical premium/coverage guidance for restaurant operators is summarized by market providers such as Insureon: https://www.insureon.com/small-business-insurance/restaurant-cost.)
Before the meeting: preparation checklist
Invite the right people and circulate materials at least 48 hours in advance.
Attendees (recommended)
- Named insured: Owner/GM and operations manager (site contacts).
- Risk/finance lead: CFO or controller.
- Broker: Aon, Marsh, Gallagher, or your retail broker representative (they often facilitate carrier dialogue and may charge brokerage or advisory fees—typical market commission structures range from flat fees to ~10–15% of premium for placement services).
- Carrier adjuster or TPA rep and claims manager.
- Defense counsel (if coverage/third-party liability is complex).
- Experts as needed: forensic accountant, safety engineer, licensed contractor, restoration vendor.
Documents to distribute
- FNOL summary and timeline.
- Photos/video and incident reports.
- Signed statements (staff, witnesses) and guest report(s).
- Inventory of damaged equipment and cost estimates.
- Interim mitigation receipts (restoration, cleaning).
- P&L and payroll records for the BI period anticipated.
- Policy declaration page and applicable endorsements.
Set the meeting objective in the invite (e.g., “Determine immediate mitigation plan, agree initial reserve, and assign subrogation lead”).
Meeting agenda (60–90 minutes recommended)
- Opening & objectives (5–10 min) — Broker or insured states the goal.
- Facts & timeline (10–15 min) — Operations review the incident; walk through the evidence.
- Coverage & reservation issues (10–15 min) — Carrier outlines coverage position or Reservation of Rights.
- Mitigation & salvage plan (10 min) — Immediate actions, vendor hire, temporary closure decisions.
- Business interruption (BI) exposure (10–15 min) — Discuss period of restoration, critical vendors, seat count, and revenue drivers.
- Subrogation & third-party liability (10 min) — Identify potential at-fault parties and approach to evidence preservation.
- Reserves, payment timeline & next steps (10 min) — Carrier states reserve; broker negotiates if needed.
- Action items & deadlines (5 min) — Assign owners and dates.
Use a shared action-tracking table (owner, task, deliverable, due date).
Key topics to address (and sample language)
1) Coverage and Reservation of Rights
- Ask: “Do you anticipate issuing a Reservation of Rights and on what grounds?”
- Demand clarity on coverage parts (GL, property, BI, equipment breakdown).
- If carrier issues a Reservation of Rights, record the exact language and follow up to limit surprise denials.
Reference: Reservation of Rights, Coverage Disputes and Working with Defense Counsel in Hospitality Claims
2) Reserves and payments
- Expect initial reserves to be conservative; push for transparency on how reserves will be adjusted.
- Typical insured-side deductible ranges:
- Small restaurants: $1,000–$5,000
- Larger operations/self-insured retention programs: $25,000–$100,000+
- Public adjuster fee norms: 10–20% of recovery; legal contingency for third-party suits often 33% or reduced by sliding scale.
3) Business Interruption proof
- Carrier will require contemporaneous records: POS reports, bank deposits, vendor invoices, payroll, supplier contracts, and tax returns.
- Consider early engagement of forensic accounting experts — typical hourly rates: $150–$400/hr (or project fees for complex BI claims).
Reference: Using Forensic Accounting and Experts to Prove Lost Profits and Business Interruption Claims
4) Subrogation strategy
- Identify evidence that preserves third-party liability (CCTV, maintenance logs, delivery manifests).
- Decide who will lead subrogation: broker, carrier subrogation unit, or insured’s counsel.
- Track recoveries vs. costs and apportion any salvage proceeds.
See: When to Invoke Subrogation After a Restaurant or Hotel Loss (and How to Do It)
Documentation & evidence: the insurer’s checklist
Bring physical or scanned copies of:
- Signed incident/accident report and witness statements.
- Time-stamped CCTV footage and chain-of-custody log.
- Repair/replace quotes for damaged equipment (include serial numbers).
- Monthly and daily sales/POS reports covering the exposure period.
- Safety inspection and maintenance logs (grease trap, hood suppression, HVAC).
- Invoices for emergency mitigation (water extraction, board-up).
Tip: Create a single, shared cloud folder organized by tabs: Photos, Contracts, Financials, Vendor Quotes, Legal.
Sample meeting comparison table
| Meeting Type | Typical Duration | Primary Attendees | Key Objective | Typical Outcome |
|---|---|---|---|---|
| Initial FNOL Strategy | 45–60 min | Insured, broker, carrier adjuster | Establish facts, mitigation, initial reserve | Agreed mitigation plan, preliminary reserve |
| Coverage & Reservation Call | 30–60 min | Insured, counsel, carrier coverage rep | Clarify coverage triggers & ROR | Written ROR or coverage confirmation |
| BI / Expert Review | 60–120 min | Insured finance, forensic accountant, carrier | Scope of BI, data needs, modeling approach | Agreed data list, timeline for BI analysis |
| Settlement Negotiation | 60–90 min | Broker, carrier claims, insured counsel | Finalize settlement terms | Draft release and settlement check timetable |
Negotiation tips & red flags
- Start with facts, not emotion. Use timestamps and receipts.
- Push for interim payments for urgent mitigation (restoration, payroll).
- Watch for repeated requests for documents already provided — log every upload and request.
- Red flag: carrier delays issuing a clear coverage stance beyond 30 days without explanation. Escalate through broker or counsel.
Post-meeting: follow-up and tracking
- Send meeting minutes within 24 hours with action items and deadlines.
- Maintain a claims log (date, item, person, status).
- If subrogation is viable, capture additional evidence early — witness statements erode quickly in hospitality settings.
- For significant BI or liability claims, budget for experts: expect forensic accounting or engineering engagements to cost $5,000–$50,000+ depending on complexity.
Related reading: Insurance Claims Handling for Hospitality Incidents: From First Notice to Final Settlement
Final practical checklist (30 seconds)
- Circulate FNOL + photos + POS snapshot before meeting.
- Confirm attendees and meeting objective in the invite.
- Ask carrier to state reserve, ROR status, and immediate payment plan.
- Assign a subrogation lead and forensic accounting contact if BI exposure exceeds normal variance.
- Send minutes and document uploads within 24 hours.
Sources and further reading
- Insurance Information Institute — What business insurance does my business need?: https://www.iii.org/article/what-business-insurance-does-my-business-need
- National Restaurant Association — Industry research and statistics: https://restaurant.org/research/restaurant-statistics
- Insureon — Restaurant insurance cost guidance: https://www.insureon.com/small-business-insurance/restaurant-cost
By structuring meetings with clear objectives, the right attendees, and thorough documentation, restaurant and hospitality operators in the U.S. can accelerate fair claim resolution, protect coverage, and maximize recoveries.