What AM Best Rating must the insurance carrier have for Bang Cookies franchisees?
Bang_Cookies Franchise · 2024 FDDAnswer from 2024 FDD Document
Franchisee must procure and maintain in full force at all times during the Term of this Agreement, at Franchisee's sole expense, on a primary rather than a participatory basis with Franchisor, an insurance policy or policies protecting Franchisee as named insured and naming, as additional insureds, Franchisor, Franchisor's affiliates, Franchisor's successors and assigns, and the officers, directors, shareholders, partners, agents, representatives, independent contractors and employees of Franchisor against any demand or claim with respect to personal injury, death or property damage, or any loss, liability or expense whatsoever arising or occurring upon or in connection with the Franchised Business. The policy or policies must be written by a responsible carrier or carriers with an AM Best Rating of at least A-, VII and reasonably acceptable to Franchisor.
The currently required insurance policies, insurance coverage requirements, and insurance coverage amounts are designated and set forth in the operations manual. Franchisor may, in Franchisor's Reasonable Business Judgment, periodically change the amounts of coverage required under such insurance policies and require different or additional kinds of insurance at any time, including excess liability insurance, to reflect inflation, identification of new risks, changes in law or standards of liability, higher damage awards or other relevant changes in circumstances. Notwithstanding the immediately foregoing sentence, Franchisor shall not increase such minimum coverage more than once every two years. All public liability and property damages policies must contain a provision that Franchisor is entitled to recover under these policies on any loss occasioned to Franchisor, Franchisor's affiliates, Franchisor's successors and assigns, and the officers, directors, shareholders, members, owners, partners, agents, representatives, independent contractors, and employees of Franchisor by reason of the negligence of Franchisee and/or Franchisee's officers, directors, shareholders, members, owners, partners, agents, representatives, independent contractors, and employees.
Source: Item 23 — RECEIPTS (FDD pages 56–245)
What This Means (2024 FDD)
According to Bang Cookies' 2024 Franchise Disclosure Document, franchisees must secure insurance policies from carriers with an AM Best Rating of at least A-, VII. This insurance must protect the franchisee, Bang Cookies, its affiliates, successors, assigns, and related parties against claims related to personal injury, death, property damage, loss, liability, or expenses connected to the franchised business.
This requirement ensures that the insurance provider is financially stable and capable of covering potential claims. The A-, VII rating indicates a certain level of financial strength and operational performance, providing assurance to both the franchisee and Bang Cookies that the insurance coverage is reliable.
Bang Cookies retains the right to modify the required insurance coverage amounts and types periodically, reflecting changes in risks, laws, liability standards, or other relevant factors. However, the FDD states that Bang Cookies will not increase the minimum coverage more than once every two years. Additionally, all public liability and property damage policies must include a provision allowing Bang Cookies to recover losses caused by the franchisee's negligence.