Restaurant Insurance in Delaware
The policies a Delaware restaurant, bar, food truck, or catering operation needs — what the state requires, what's strongly advised, and what it costs.
Reviewed by J. Robert Smith, Licensed Insurance Agent (NPN 10378680). Last updated .
In Delaware, a restaurant's core program is general liability, a property or business-owner's policy (BOP), and commercial auto for any delivery. Workers' compensation is mandatory once you hire staff, and the state has no dram-shop statute, though liquor liability still protects venues serving alcohol. This hub compares Delaware's workers' comp and liquor-liability rules and cost alongside the coverages every restaurant and bar should carry.
- Workers’ comp
- Required once you hire staff
- Liquor liability
- No dram-shop statute — still advised
- Dram-shop law
- No
- Suggested liquor limits
- $1M/$2M (no liability, but advised for defense and premises claims)
Workers’ compensation in Delaware
Yes. Delaware requires every employer with one or more employees—full-time, part-time, seasonal, or temporary—to carry workers' compensation insurance before any worker starts, so essentially all restaurants must comply. Sole proprietors and partners are excluded but may elect coverage. Farm laborers and low-earning household workers fall outside the mandate under Title 19.
Full Delaware workers’ comp guide — thresholds, exemptions, and rates →
Liquor liability & dram-shop law in Delaware
Delaware recognizes no dram-shop liability — no statute imposes it, and its courts have repeatedly refused to create a common-law claim against alcohol sellers, deferring to the legislature (Wright v. Moffitt; Shea v. Matassa). Intoxicated-patron incidents still generate lawsuits and defense costs, and landlords and venues routinely require liquor liability coverage.
Full Delaware liquor-liability guide — the statute, limits, and cost →
Coverages every Delaware restaurant should weigh
- General liability
Third-party slip-and-fall and property-damage claims — the foundation policy.
- Business owner’s policy (BOP)
Bundles general liability with property coverage for your building, equipment, and contents.
- Commercial property
Kitchen equipment, tenant improvements, signage, and inventory.
- Commercial & hired/non-owned auto
Delivery, catering runs, and errands in owned or employee vehicles.
- Employment practices (EPLI)
Harassment, discrimination, and wrongful-termination claims from staff.
- Umbrella
Extra limits above your liquor, auto, and general liability policies.
Delaware regulators
Talk to an agent who insures food & beverage every day
A licensed commercial-lines agent who specializes in restaurants and bars will review your coverage, close the gaps that catch owners, and show you what a program actually costs — before anything is bound.