Guide · Business insurance

Restaurant insurance checklist before you open in New York

Restaurants are the small business I insure most, and the pattern before opening is always the same: the landlord wants a certificate, the liquor licence is pending, the equipment is arriving, and insurance is the thing nobody has budgeted. This is the list, in the order you'll need it, with the New York specifics.

1. What the lease requires (before you get keys)

The landlord's insurance clause is the first deadline. Almost every commercial lease in the Capital Region requires:

  • General liability, usually $1,000,000 per occurrence and $2,000,000 aggregate, sometimes more for larger spaces.
  • The landlord as additional insured, by endorsement on the policy. A certificate that merely lists them as certificate holder will be sent back.
  • Property coverage on your tenant improvements, equipment and stock, and sometimes on the landlord's glass.
  • A certificate of insurance delivered before occupancy, and renewed every year.

Send me the lease before you sign it. Some clauses ask for things no carrier will write, and it's easier to negotiate them out than to explain later why you can't comply.

2. What the law requires (before the first shift)

  • Workers' compensation from the first person who works for you, including part-time staff, family and, for a for-profit business, volunteers. Restaurant class codes carry meaningful rates because kitchens produce burns, cuts and slips; a clean first year starts building your discount.
  • Disability benefits and Paid Family Leave, one policy, required once you've had an employee on 30 days in a calendar year. Buy it with the workers' comp so the timing takes care of itself. Details in hiring your first employee in New York.
  • Commercial auto if the business owns a vehicle. New York's minimum liability limits apply, and a delivery van needs far more than the minimum.

3. What the risk requires

Liquor liability

If you serve alcohol, this is the policy that matters most and the one most often missed. Under New York's Dram Shop Act, a restaurant that serves a visibly intoxicated person, or anyone under 21, is liable to third parties that person injures afterwards: the other driver, the pedestrian, the family. General liability excludes it entirely. Liquor liability covers the defence and the damages. No statute requires it, but most landlords and lenders do, and a single Dram Shop claim can exceed a restaurant's entire value. Premium is based on alcohol sales as a share of revenue, so a wine list at a bistro costs far less to insure than a late-night bar.

Property, spoilage and equipment breakdown

A walk-in that fails on a Friday night is a five-figure loss of stock. Standard property coverage doesn't pay for spoilage from equipment failure or a power cut; the spoilage endorsement does. Equipment breakdown covers the compressor, the hood system and the POS hardware themselves. Both are inexpensive additions to a restaurant BOP and both get used.

Business interruption

If a kitchen fire closes you for two months, property coverage rebuilds the kitchen but doesn't pay the rent, the payroll you want to keep, or the profit you didn't earn. Business interruption does. Choose a period of restoration that reflects how long permits and contractors actually take in this region, which is longer than people assume.

Hired and non-owned auto

For staff who deliver or run errands in their own cars. Their personal policies exclude it; yours needs the endorsement, or a claim from a delivery accident lands on the business uninsured.

Cyber and payment data

Card processors push liability for a breach onto the merchant. A modest cyber policy covers forensics, notification and the fines the card brands impose, and increasingly landlords and processors ask for it.

Employment practices liability

Restaurants have high staff turnover and are a frequent source of wage-and-hour and harassment claims. EPLI covers the defence, which is where most of the cost is. Worth a quote once you're past a handful of employees.

Order of operations

The week-by-week sequence

Before signing the lease: lease review, GL and property bound, certificate issued. Before hiring: workers' comp and DBL/PFL bound. Before the liquor licence is active: liquor liability bound, dated to the licence effective date. Before opening: spoilage, equipment breakdown, business interruption and hired/non-owned auto confirmed on the package. After the first year: review sales figures, payroll and alcohol share so the policies are priced on reality, not projections.

What it costs

For a single-location restaurant in the Capital Region, the package (GL, property, interruption, spoilage, equipment breakdown) plus liquor liability and workers' comp is priced on square footage, revenue, alcohol sales and payroll. Two restaurants with the same menu can differ by a factor of three depending on whether they have a bar, a fryer under a suppression system, and a clean claims history. I'll quote from your projections and reprice at the first renewal on actual numbers.

What I do

Restaurants are the largest part of my commercial book. I review the lease clause, bind the policies in the order above, issue the certificates the landlord wants, and handle the claim when a customer slips or the compressor dies. Turkish-speaking owners can do all of it in Turkish. Request a restaurant quote, or read the restaurant insurance page for coverage by coverage detail.

Common questions

Short answers to what people ask before they call.

What does the landlord actually need from me?

Read the lease's insurance clause. Typically: general liability at $1 million per occurrence and $2 million aggregate, the landlord named as additional insured by endorsement, property coverage on your improvements and contents, and a certificate of insurance before you get keys. Listing the landlord as a certificate holder is not the same as making them an additional insured; the endorsement is what the lease requires.

Is liquor liability insurance required by law in New York?

No law requires it, but New York's Dram Shop Act (General Obligations Law §11-101) makes you liable to third parties injured by a patron you served while visibly intoxicated or under 21. Your general liability policy excludes that. If you serve alcohol, liquor liability is not optional in any practical sense, and many landlords and lenders require it.

Do I need workers' comp before I've opened?

Yes, before anyone works a shift, including training days and the friends helping you paint if you're a for-profit business. DBL and Paid Family Leave follow within weeks. The first-employee guide covers the sequence.

What about my delivery drivers using their own cars?

Their personal auto policies typically exclude delivery for pay, and yours doesn't cover their cars at all unless you add hired and non-owned auto liability. If you deliver, add it. If you own a delivery vehicle, you need a commercial auto policy.

What's a business owners policy and should I get one?

A BOP bundles general liability, property and business interruption in one package priced for small businesses, and most carriers have a restaurant version with spoilage, equipment breakdown and food contamination options built in. For a single-location restaurant it's usually the cheapest way to get the core coverage, with liquor liability and workers' comp added separately.

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