Legal Question in Business Law in California

Gumball machine insurance requirements

Is it legal for a swap meet owner to require a 1,000,000 insurance policy for a gumball machine? They also asked for a health certificate but the health department said one is not needed unless other food will be sold, so i'm skeptical about this as when i told the swapmeet thay said they needed a letter and health depatment said they don't give letters and the swap meet said that the other people that have gumball machines have a letter on file, health department said that is not true they have never given letters.


Asked on 2/17/09, 7:44 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Gumball machine insurance requirements

I don't know what you mean by "letters," but this is still a "free country" as the saying goes, and swap meet owners can ask for $1 million or $10 million or whatever they choose in the way of insurance protection.

If you are in the gumball machine business, you presumably have an insurance policy already, and more than likely in 2009 your policy already has limits of at least $1 million, so what's the problem? Just tell your insurance agent to pop out another certificate of isnurance for this location.

What, you say you don't already have an insurance policy with at least #1 million limits in effect? You don't have insurance at all, maybe? If that's the case, you are exactly the underfinanced, unbusinesslike operation the swap meet owner is trying to exclude by having an insurance requirement.

The foregoing paragraph is only a guess, of course.

You are probably a well-stablished business with plenty of insurance. In that case, a quick consultation with your insurance agent or broker will result in the certificate the swap meet owner appropriately wants. If, however, you don't have a policy and a working relationship with an insurance agent or broker, your business is going to be turned away over and over by locations like the swap meet, and with justification.

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Answered on 2/18/09, 12:32 am


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