Success Stories/Trusts & Wills/Trusts & Wills/A Customer Slipped and Filed a Claim. The Owner Was Then in the ICU. Insurance Settled, Both Restaurants Kept Paying Staff, and the Family Home Was Not Affected
Separate companies, trust and insurance

Restaurants kept operating

A Customer Slipped and Filed a Claim. The Owner Was Then in the ICU. Insurance Settled, Both Restaurants Kept Paying Staff, and the Family Home Was Not Affected

CASE SUMMARY

Adaptation note: This story is adapted from similar matters handled by Lingtu Law and its peers. Names, places, dates and amounts have been changed, and the outcomes are presented as scenarios only. They do not reflect that similar cases will reach the same result.

Background

P, 51, runs two Sichuan restaurants in the San Gabriel Valley with more than thirty employees. Both restaurants are held under one company and share a bank account, and personal and business funds were sometimes mixed. Only P could sign leases, bank documents and supplier agreements. Two events hit in 2026. In April, a customer slipped at the first restaurant and broke a wrist, and the customer's attorney sent a demand letter. In May, while the claim was still being negotiated, P had heart bypass surgery and spent three weeks in the ICU. If things stayed as they were, a problem at one restaurant could drag down the other, and possibly reach the family home. With the owner in the hospital, payroll could not be met, and no one could renew the lease when it expired.

Strategy

P came to us at the end of 2024, and the changes were completed over the first half of 2025. The second restaurant was placed in its own company, with its own accounts and staff, and the family's money was separated from the business. The insurance broker reconfigured the coverage: each restaurant carries full liability insurance, and an additional $5 million umbrella policy covers the couple and both companies. The couple also set up a trust, the home and the ownership of both companies were transferred into it, and the company agreements were amended so that if P became incapacitated, his wife could sign, pay staff and renew leases directly. We were also clear with him that a trust does not shield against debts or lawsuits brought against him personally. Protection against claims comes from insurance and separate companies. The trust governs who signs when he cannot. When the customer slipped, P sent the demand letter to the insurer the same day and did not respond himself. After he was admitted to the hospital, two physicians issued written opinions. His wife took the trust certificate and the company resolution to the bank, was added as a signer, and payroll went out that same week. The second restaurant's lease expired at the end of June, and she negotiated a five-year renewal with the landlord.

Case Timeline

Date Milestone
November 2024 P consulted Lingtu Law
February 2025 Second restaurant placed in its own company, with separate accounts and staff; insurance reconfigured and an umbrella policy added
April 2025 Signed a joint trust; home and ownership of both companies transferred into it; company agreements amended
April 2026 Customer slipped at the first restaurant; demand letter received and sent to the insurer
May 2026 P underwent heart surgery; his wife became successor trustee and manager
Late June 2026 His wife signed a five-year renewal of the second restaurant's lease on the company's behalf
August 2026 Insurer settled within policy limits
Early September 2026 P recovered and resumed his roles as trustee and manager

Outcome

In August the insurer settled within policy limits. P paid only his deductible, and neither the second restaurant nor the family home was affected. In early September he recovered and returned to the restaurant, and both restaurants kept operating throughout.

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