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According to the New York Small Business Development Authorities, most businesses in NY are not required to maintain liability insurance. That said, it would be foolish for a restaurant not to have it.

If you have a potential claim, the first thing to do is to inquire of the restaurant. This should be done in writing and sent certified mail, return receipt requested so that you have proof of receipt. The letter should be sure to request the identity of the insurer and, ideally, the policy number so that you can reference it in your communication with the insurer. Also briefly state the nature of your claim.

If you get no reply and have a genuine, actionable claim, you can consider filing a lawsuit. If the restaurant had liability insurance, an adjuster may contact you. If you have an attorney, the adjuster must contact him/her and you should not speak with anyone concerning the claim. The nature of liability insurance is that it both provides a defense (hires and pays a lawyer to defend your claim) and pays damages for which its insured (the restaurant) is legally liable.

Nothing herein is intended nor may be contrued as legal advice.

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Q: How can you find out who a NYC restaurant's Liability insurance carrier is?
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