What evidence of insurance coverage must a Del Taco franchisee furnish to Del Taco?
Del_Taco Franchise · 2025 FDDAnswer from 2025 FDD Document
in this Section; provided that Del Taco may update or modify the insurance requirements in the Manuals, may provide changed or modified insurance requirements in any lease agreement between Del Taco (or its Affiliates) and Franchisee, or may otherwise change or modify insurance requirements in writing by Company, at its sole discretion. Prior to the opening of the Restaurant and thereafter, throughout the term of this Agreement, Franchisee shall furnish Del Taco with evidence satisfactory to Del Taco of such insurance coverages in effect in the form of Certificates of Insurance and any insurance policy endorsements required by Del Taco, and a copy of the Franchisee's insurance policy(ies), if requested by Del Taco. Renewal Certificates of Insurance shall be delivered to Del Taco no later than thirty (30) days prior to the expiration date of all policies. All deductible amounts on all insurance policies required hereunder shall be disclosed in writing to and shall be subject to approval by Del Taco, and noted on the applicable Certificate of Insurance. Requirements as of the date hereof are:
- 11.1.1.1 Commercial General Liability insurance, including Products Liability coverage, and Broad Form Contractual Liability coverage, written on a "per occurrence" policy form in an amount of not less than $5,000,000 combined single limit per occurrence and aggregate. Such insurance must not contain an exclusion for occurrences arising from food-borne illness, and must insure the contractual liability of Franchisee under Section 16.1.3 of this Agreement. The limit requirements can be satisfied by a combination of primary limits and umbrella/excess liability limits.
- 11.1.1.2 Business Automobile Liability insurance including owned, leased, non-owned and hired automobile coverage, with a limit of not less than $1,000,000 per accident.
- 11.1.1.3 Workers' Compensation insurance as required by law, and Employer's Liability insurance with a limit not less than $1,000,000 per occurrence, and such other insurance as may be required by the state or locality in which the Restaurant is operated.
- 11.1.1.4 "All Risk" property insurance covering: (a) the building (including tenant improvements, furniture, fixtures, equipment, inventory and other tangible property of the Restaurant), including plate glass coverage, on a full one hundred percent (100%) repair or replacement value basis; (b) Business Interruption/ Business Income insurance (at least one (1) year of actual loss sustained), including Extra Expense insurance, so as to re-establish normal business operations; and (c) loss of rents insurance covering a minimum of twelve (12) months' fixed minimum rent.
- 11.1.1.5 Builders' All Risk insurance for the full replacement cost of all real and personal property involved in the construction when Franchisee is building, renovating, refurbishing or remodeling the Restaurant.
- 11.1.1.6 Cyber Liability insurance with a limit not less than $1,000,000 per occurrence, or such other limit as Del Taco may specify.
11.1.1.7 Other insurance that may be required by any state, local, federal, or municipal law, or when applicable, by a third-party land owner.
All insurance policies required hereunder of the Franchisee: (a) shall be primary and Del Taco's insurance shall be non-contributory; (b) shall be issued by an insurance company(ies) with a rating of not less than "A-VIII" in the current A.M. Best Insurance Rating Guide or approved by Del Taco; (c) shall name Del Taco and its Affiliates, and any other parties as Del Taco may request as "additional insureds," and shall contain an "Additional Insured-Designated Person or Organization" endorsement (or its equivalent), except workers' compensation insurance only, without any qualifying language; (d) shall provide that the insurance cannot be canceled, materially changed, or non-renewed, except upon thirty (30) days' advance written notice to Del Taco; and (e) shall contain a waiver of subrogation rights of the insurer(s) against Del Taco, which waiver shall be effective regardless of whether any loss is caused by the act, omission or negligence of Del Taco, and shall contain a "Waiver of Transfer of Rights of Recovery Against Others" endorsement (or its equivalent). Franchisee shall require any independent contractors to have sufficient insurance specific to the work they are performing for the Franchisee. Franchisee understands and acknowledges that the insurance requirements set forth herein are in addition to and do not modify or replace any duty of the Franchisee to defend and/or indemnify Del Taco as set forth in this Agreement.
12. Transfer of Interest.
- 12.1 Del Taco Transfers.
Source: Item 22 — CONTRACTS (FDD pages 58–59)
What This Means (2025 FDD)
According to Del Taco's 2025 Franchise Disclosure Document, a franchisee must furnish Del Taco with evidence of required insurance coverages. This evidence must be satisfactory to Del Taco and provided in the form of Certificates of Insurance, any insurance policy endorsements required by Del Taco, and a copy of the franchisee's insurance policy(ies), if requested by Del Taco. This must be done prior to the opening of the Restaurant and throughout the term of the Franchise Agreement.
The specific types and amounts of insurance required include Commercial General Liability insurance of not less than $5,000,000, Business Automobile Liability insurance with a limit of not less than $1,000,000 per accident, Workers' Compensation insurance as required by law and Employer's Liability insurance with a limit not less than $1,000,000 per occurrence, "All Risk" property insurance, Builders' All Risk insurance, and Cyber Liability insurance with a limit not less than $1,000,000 per occurrence. Renewal Certificates of Insurance shall be delivered to Del Taco no later than thirty (30) days prior to the expiration date of all policies.
All insurance policies must be primary and non-contributory to Del Taco's insurance, issued by an insurance company with a rating of "A-VIII" or better, name Del Taco and its affiliates as additional insureds, provide thirty (30) days' advance written notice to Del Taco before cancellation or material change, and contain a waiver of subrogation rights against Del Taco. Franchisees must also ensure that any independent contractors they hire have sufficient insurance specific to the work they perform. All deductible amounts on all insurance policies required hereunder shall be disclosed in writing to and shall be subject to approval by Del Taco, and noted on the applicable Certificate of Insurance.
Del Taco retains the right to update or modify these insurance requirements in the Manuals, in any lease agreement between Del Taco and the franchisee, or in writing at its sole discretion. Franchisees should maintain open communication with Del Taco to ensure they meet all current insurance obligations, as failure to do so could result in a breach of the Franchise Agreement.