What insurance does a restaurant need?

The useful way to answer this is backwards, from the claim to the policy. Seven things go wrong in restaurants often enough to have a coverage built for them, and knowing which policy answers which one tells you what you are missing faster than any checklist of names. Two of the seven are not in the policy most owners think they are.

What coverage a restaurant needs
Seven claims, and what answers each

Source: NAIC, III, and IRMI, as cited throughout this page

The three highlighted rows are the ones a restaurant owner is most often wrong about. None of them is answered by the general liability policy already on the wall: liquor claims are excluded outright, the food-borne illness claim draws on a separate aggregate, and equipment that fails on its own is what a property policy is written to exclude.

A guest falls in the dining room

This is the claim general liability was built for. On the NAIC's list, a commercial general liability policy answers four categories of event, and the first two are the ones a dining room produces: bodily injury and damage to someone else's property. The other two, personal injury such as slander and libel, and false or misleading advertising, matter less often here (NAIC, Insure U: Small Business Insurance). A wet floor by the server station, a chair leg, a step down into the bar: the policy answers, and its general aggregate is the pot those claims draw from.

Every restaurant needs this one, and almost every restaurant has it, which is why the interesting question is the next claim rather than this one. Detail is on restaurant general liability insurance.

A guest gets sick from the food

Same policy, different half of it, and the difference matters. Products-completed operations is the hazard covering liability arising out of the insured's products or operations, and in its unendorsed form the injury has to happen away from your premises, which a dining room plainly is not. ISO's classification table calls for the Products-Completed Operations Hazard Redefined endorsement, CG 24 07, on restaurants, removing that requirement so that, in IRMI's own example, a customer alleging food poisoning from a meal eaten at the restaurant falls inside the hazard despite the injury happening on the premises. Claims inside it draw on the products-completed operations aggregate, which is separate from the general aggregate (IRMI, products-completed operations; IRMI, the hazards of products and completed operations).

So the thing to confirm is not whether you have general liability. It is whether the endorsement is on it, and what the second aggregate is. One more distinction while you are there: contamination and recall costs, laboratory analysis and moving product, are first-party expenses rather than liability, and III describes contamination coverage as something to consider adding for food (III, product liability, recall and contamination insurance). The liability policy pays the person who got sick. It does not pay you to throw out the batch.

A cook is hurt on the line

Workers compensation, and this is the one whose answer depends on your state rather than on your policy. The NAIC says nearly all US states require employers to carry it and tells owners to check with their state insurance department (NAIC, Insure U: Small Business Insurance). California requires it from the first employee and treats operating without it as a criminal offense (California DIR, employer information), while the Texas Department of Insurance says private employers there can choose to carry it and it is not required in most cases (TDI, workers compensation for employers).

Both facts point at the same next step: read your own state, because a national article is describing someone else's kitchen. The state pages carry that, starting with Texas, California, Florida, and Colorado.

The walk-in dies overnight

Two coverages meet here and owners routinely have only the first. Property answers for external events: fire in the hood, a windstorm through the patio, vandalism. Standard property forms exclude the internal ones, mechanical breakdown, artificially generated electrical energy interfering with an electrical device or system, and the explosion of owned or leased steam boilers, pipes, engines, or turbines. Equipment breakdown coverage exists for those, paying to repair or replace the equipment and other property damaged by the breakdown, often with the business income that follows (IRMI, equipment breakdown insurance).

The food inside the walk-in is a third question, and it usually lives inside the second coverage rather than on its own. IRMI's checklist for reviewing an equipment breakdown policy names sublimited coverage for perishable items among the things to check (IRMI, equipment breakdown, more than just boiler and machinery), so the question is how much, and on what trigger. Both are on equipment breakdown insurance.

Someone you served causes a crash

This is the claim that is not in the policy you already own. III: "if you do not purchase this extra coverage, your standard commercial general liability policy does not protect your business against liquor-related claims" (III, commercial general liability insurance). The law behind it is state law, dram shop liability, which III counts in 43 states, most of them letting an injured person sue whoever served the alcohol (III, social host liability).

A restaurant that pours anything at all should ask for liquor liability by name and read what it covers. The Texas statute worked through section by section is on Texas liquor liability insurance, and the operating picture for a bar-forward business is on bar and restaurant insurance.

A delivery goes wrong

The moment food leaves in a vehicle, a different policy is in play. The NAIC advises that a business owning or leasing a vehicle needs commercial auto coverage, that commercial policies carry higher liability limits than personal ones, and that owners relying on personal coverage for business use should look closely at the provisions, because personal policies may exclude business-related liability (NAIC, Insure U: Small Business Insurance). Staff using their own cars for deliveries is the version most restaurants have without realizing it, and it has a name to ask for: hired and non-owned auto.

Where the vehicle is the kitchen, the whole picture moves onto it: food truck insurance, and in Texas the central preparation facility rule that shapes the operation is on Texas food truck insurance. Off-site service at events is catering insurance.

One claim bigger than all of it

An umbrella policy provides excess limits when the limits of the underlying policies are exhausted, drops down and picks up where an underlying policy leaves off when that policy's aggregate is used up, and can cover some claims the underlying policies do not, subject to a retention (IRMI, umbrella liability policy). For a business that seats strangers, employs a crowded kitchen, and may serve alcohol, that is not an exotic purchase. What it does and what it does not, including how it differs from plain excess liability, is on restaurant umbrella insurance.

Two closing notes. A package may or may not be available: the III names restaurants among the businesses that may be ineligible for a businessowners policy and says such owners may need to buy the coverages separately (III, understanding businessowners policies), which is worked through on businessowners policy. And nothing above comes from a federal insurance rule, because there is not one: the FDA Food Code is a model that states adopt and local jurisdictions enforce (FDA, state retail and food service codes by state). What each coverage costs, and what moves it, is what sets a restaurant's insurance cost.

Frequently Asked Questions

What insurance does a restaurant need?
Work backwards from the claims. A guest hurt in the dining room and a guest hurt by the food are both answered by general liability, but under different parts of it. A cook hurt on the line is workers compensation, required by nearly all states though not, in most cases, Texas. The building, the build-out, and the equipment are property, with equipment breakdown for the failures a property policy excludes and spoilage sitting inside that. Alcohol is a separate purchase entirely. Vehicles are commercial auto. One claim larger than any of those limits is what an umbrella is for.
Does a restaurant need liquor liability if it only serves beer and wine?
The coverage question does not turn on what you pour. The Insurance Information Institute puts the general rule plainly: without that extra coverage, a standard commercial general liability policy does not protect the business against liquor-related claims. A beer and wine license still puts the business in the class of people a dram shop statute is written about, and III counts 43 states with such laws on the books. Ask the agent how the policy treats alcohol before the license arrives, not after.
Is a businessowners policy enough for a restaurant?
Sometimes it is not even available. The III names restaurants among the businesses that may be ineligible for a BOP because of the risks inherent in the business, and says those owners may need to buy the individual coverages separately, adding that a BOP does not cover all risks and that its limits are usually lower. Where a package is offered, the question is what it leaves out for a food business: liquor liability, equipment breakdown, and spoilage are the usual answers, and each of them is a separate conversation.
Does the FDA require restaurant insurance?
No, and the premise is worth correcting because so much published content gets it wrong. The FDA Food Code is a model. States adopt some edition of it and local jurisdictions enforce it, which is why "the FDA requires" is usually a false sentence about a restaurant. Food safety rules come from your state and county. Insurance requirements, where they exist, come from a state workers compensation law, a state alcohol statute, your lease, or your lender, and each of those is a separate document to read.