factual

What waiver must be included in a Crab N Spice franchisee's insurance policies?

Crab_N_Spice Franchise · 2024 FDD

Answer from 2024 FDD Document

Franchisee's policies (other than Workers Compensation) must (1) list CNS Franchising and its affiliates as an additional insured, (2) include a waiver of subrogation in favor of CNS Franchising and its affiliates, (3) be primary and non-contributing with any insurance carried by CNS Franchising or its affiliates, and (4) stipulate that CNS Franchising shall receive 30 days' prior written notice of cancellation.

Source: Item 22 — CONTRACTS (FDD pages 50–51)

What This Means (2024 FDD)

According to Crab N Spice's 2024 Franchise Disclosure Document, a franchisee's insurance policies (excluding Workers Compensation) must include a waiver of subrogation in favor of Crab N Spice and its affiliates. This means that the insurance company agrees not to pursue Crab N Spice for reimbursement of any claims they pay out to the franchisee.

In addition to the waiver of subrogation, the franchisee's insurance policies must also list Crab N Spice and its affiliates as an additional insured. This provides Crab N Spice with direct coverage under the franchisee's policies. The policies must also be primary and non-contributing with any insurance carried by Crab N Spice or its affiliates, meaning the franchisee's insurance pays out first in the event of a claim.

Finally, the insurance policies must stipulate that Crab N Spice will receive 30 days' prior written notice of cancellation. This allows Crab N Spice time to ensure the franchisee obtains replacement coverage to protect both parties' interests. Franchisees must provide Certificates of Insurance evidencing the required coverage to Crab N Spice prior to opening, upon annual renewal, and at any time upon request.

Disclaimer: This information is extracted from the 2024 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.