Few things in life are as risky as launching
and running a small business such as a day spa, or expanding an existing
spa business. There is always the possibility that a lawsuit could
be brought by an individual who has suffered an injury and will seek to
attribute the injury to negligence on the part of the spa
professional. The major parts of the risk of any business are
liability to others and the loss of critical equipment. Either
incident could cause a loss of income that could force a business
to close it's door. Insurance allows the transfer of these risks
to the insurance company - offering protection and security!
It is often asked: How soon is insurance needed? The answer is: Insurance is needed
from the first day of spa operation. If a loss occurs and there is
no coverage, no insurance agent will be able to help. Also
certain laws or leases may require insurance before a business can start
operating. Generally, there are 3 types of insurance needed for
most business owners or booth renters:
- Professional liability
- General liability
- Property coverage
Malpractice is bodily injury and/or
property damage arising out of any personal or professional service
performed. Bodily injury could include injury or disease sustained
by a person such as scarring or a burn from a glycolic peel.
Property damage could be the result of a product being spilled on
clothing. Professional liability or malpractice liability is the
coverage needed to be properly protected from either a bodily injury or
property damage claim of this nature.
General Liability will provide coverage for
any damages for which a person is held legally liable as a result of
bodily injury or property damage, including any suit, both for defense
costs and any settlement. General liability claims can result from
such things as someone tripping on a carpet in a massage room or bumping
their head. In a recent claim, a client cut her eye on the edge of
a lucite shelf causing a major injury - with a resulting payment of
50,000, by the insurance company. Also-most leases require that
the lessee carry general liability insurance. This is a common request
and can be handled by most insurance packages at little or no
cost. The lease will specify the minimum amount of coverage to be
carried and detail whether the Landlord will need proof of insurance or
is to be named as additional insured. An informed insurance agent
should ask these questions and provide the necessary coverage and
documents.
An important point with both
liabilities: Coverage must include defense costs. Often
settlements are not paid or are very small, but the defense costs could
be thousands. The insurance must provide protection from the start
of the claim. Many liability policies do not have a deductible,
but certainly this is a question that must be asked.
Liability coverage is written in two forms,
it can be either an "occurrence based" policy or a "claims
made" policy. With an occurrence based policy, coverage is
provided as long as a policy was in effect at the time of the occurrence
even if the coverage has since expired or canceled. This is an
important security point for future income as claims can sometimes be
presented years after coverage has expired. In contrast, a
"claims made" policy provides coverage only if the claim is
presented during the policy term or in continuing terms, provided that
the insurance is without interruption. For additional protection with
a claims made policy, often "tail coverage" can be
purchased to extend the policy term after expiration. The occurrence
based policy is usually preferable to the "claims made" policy
because it provides security long after the insurance has expired or been
canceled. However, if a "claims made" policy is the only
coverage available, it is certainly preferable to no coverage. A liability
policy should also include products liability coverage to provide defense
protection in the event of a suit involving a manufacture's product...
Property Coverage will provide protection
from such perils as fire, lightning, windstorm, water damage, vandalism
and theft. Perils generally not covered would be earthquake and
flood. Property coverage can include the building, contents,
including equipment, inventory and betterment's and improvements, made
to the premises. A careful inventory of equipment and contents
will provide the amount of coverage needed to properly protect the
business. It is recommended to start at the front door and list
everything in the reception area including pictures and decorations,
that would be lost in the event of a major loss. It is easy to
forget all the things that are bought as a business is set up or
expanded. Many estheticians for example, keep a large supply of
product on hand, both for use and retail - it is important to include
this in the valuation. Most policies will have a deductible for
property claims and knowing what this deductible is can be a cost
cuter. Often a large premium can be reduced by selecting a larger
deductible. Property coverage can be written on either an actual
cash value or replacement cost basis. Replacement cost is preferable
in order to have damaged property replaced at today's cost without
depreciation.
Some additional coverages that should be included in a policy are:
Spa Business Income Protection- This important
coverage provides loss of earnings should a business sustain a loss from
a covered peril and render the space inhabitable. This would
provide income during the repair process in addition to the payment for
actual loss of property. After purchasing coverage, keeping the
policy up to date is crucial. The agent must be notified of location
changes or additions and new services or equipment added.
Glass Coverage - Provides coverage for glass breakage to store fronts
or office fronts, including the beautifully etched and lettered windows
so many day spas have.
Losses to Equipment in Transit - Moving from location to location or
at a trade show.
Money - Burglary both in the spa or on the way to the bank.
Some optional coverages needed in addition to liability and property coverage include:
Workers Compensation - If there are employees - This is usually state mandated and often state regulated.
Personal Disability
Health Insurance
Knowledge is the best protection.
The insurance agent chosen can be as important as the coverage
selected. It is important to work with a licensed insurance
professional who is qualified in their field, knows the spa industry and
represents "A" rated insurance companies. Since each
business is unique, the agent must understand the services provides and
the needs of each particular business. Do not be afraid to ask
questions, about the policy being purchased, the qualifications of the
agent and rating of the company. Be aware that often a lower price
does not determine the best deal. As with any other major purchase,
be sure to be and informed consumer. Speaking with other
professionals in the field, seeking information form trade associations
and reading trade publications, will help determine the questions to be
asked and help with references.
Mary Lynne Blaesser is a licensed agent with Marine Agency
Corporation, an insurance agency specializing in professional
liability and property coverage for the beauty trades industry.
Contact the agency at 800-763-4775.www.marineagency.com