Franchisors Professional Liability Insurance Coverage (E&O)



Franchisors Professional Liability(E&O) Insurance is a critical coverage that every franchisor should have in their risk management portfolio.  As we face these challenging economic times and new trends in consumer spending many Franchisors are finding that their business models need to fluctuate with these times.  With these fluctuation some franchisees see their profits fall and turn to litigation against the Franchisor for many reasons and defense for the claims falls under the Franchisors Professional Liability(E&O) insurance.  This is a very specialized coverage that requires that the broker do more than just submit an application, within the Franchisors (E&O) Professional Liability policy their are numerous points that can be negotiated with the carrier and having a commercial insurance broker that understands these clauses on your side will be to your advantage. 

Every Franchisor is aware of the impact that their FDD Statement(The Franchise Disclosure Document, formerly the UFOC) has on their ability to recruit new investors and franchisees, so when a lawsuit arises you want an insurance policy that has been structured correctly to protect the Franchise Brand and the future ability for the organization to grow with out unnecessary claims and settlements on the FDD of the Corporation.

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Potential Areas of risk in a Professional Liability Policy that are specific to Franchisors:

Hammer Clause
Defense Outside/Inside the Limits
Additional SIR(Deductible) limitation from franchisee litigation
Vicarious Liability from the Franchisee Operations

Example of a claim under a Franchisors Professional Liability:

A nationally recognized franchisor had been selling franchises for 18 years and had recently experienced very rapid expansion into 46 states.  Fueled by the new infusion the company expanded its footprint by selling territories to "Master Franchisees".  These territories were developed which fueled further growth.  The company had a strong education program in place for the master franchisees to follow when selling new franchises but dispite this program some promises of growth and revenue expectations were passed on to the new franchise owners.  When these expectation were not realized and the franchisee failed they files suit against the Master Franchisee and the Franchisor.  Acting as an agent for the Franchisor the Master Franchisee and the Franchisor were found at fault and the underlying Franchisor Professional Liability policy respond in the amount of $450,000.

We have helped our clients construct professional liability policies that help them grow their businesses with the piece of mind knowing they do not have to fear their own franchisees.  The biggest piece of understanding which policy is the best fit for your organization starts when we sit down and listen to you, our client and understand your business model and corporate philosophy so we can best represent you in the insurance marketplace.  Let us know how we can help.

Contact a commercial insurance professional today.

All Forms of Professional Liability Insurance
We have access to coverage that encompasses ALL forms of liability insurance - EPLI - Employment Practices Liability Insurance, D&O - Directors and Officers, E&O - Errors and Omissions insurance, and Group Personal Liability. Limits available up to $25,000,000. Worldwide coverage available. Products available in most states.
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