What will Noodles & Company do to provide a defense acceptable to the franchisee's insurance carrier?
Noodles_Company Franchise · 2025 FDDAnswer from 2025 FDD Document
We will work with your insurance carrier to reach terms and provide a defense that is acceptable to your insurance carrier, if your insurance carrier has a right of acceptance, and we shall endeavor to do so provided doing so does not jeopardize the Company's rights and defenses or the brand, system or other Noodles & Company owned or Area Operator owned Restaurants.
Source: Item 23 — RECEIPT (FDD pages 99–350)
What This Means (2025 FDD)
According to the 2025 Noodles & Company Franchise Disclosure Document, Noodles & Company will collaborate with the franchisee's insurance carrier to establish defense terms that are acceptable to the carrier, assuming the insurance carrier possesses the right of acceptance. Noodles & Company will make an effort to do so, as long as it does not compromise the company's rights and defenses, the brand, the system, or other Noodles & Company-owned or Area Operator-owned restaurants.
This indicates that Noodles & Company is willing to work with the franchisee's insurance company to provide a defense in the event of a claim. However, this is conditional. Noodles & Company will only do so if it does not jeopardize their own interests or the integrity of the Noodles & Company brand and system. This could mean that Noodles & Company might prioritize its own defense strategy over what the franchisee's insurance carrier deems acceptable.
It is important for a prospective Noodles & Company franchisee to understand the limitations of Noodles & Company's obligation to provide a defense acceptable to their insurance carrier. Franchisees should discuss with Noodles & Company under what specific circumstances the company might not agree with the insurance carrier's terms. Franchisees should also consult with their insurance broker to ensure they have adequate coverage and understand how their insurance carrier will interact with Noodles & Company in the event of a claim.