Property and Liability Insurance in Commercial Leases: Key Provisions and Coverage Issues

One of the more complex commercial leasing areas involves insurance provisions and how they relate to indemnities for third-party and first-party claims. Businesses can address these risk allocation issues with liability and property coverage, but counsel must ensure indemnity provisions that do not impede insurance coverage.

Counsel must identify the potential, relevant casualty loss exposures and the scope of the applicable insurance policy(ies) when drafting insurance requirements to apply to each party.

A vital issue in liability coverage is the ability to access the other party's coverage in the face of a contractual liability exclusion and other policy limits. The parties should obtain additional insured status to confirm insurance coverage of contractual indemnification under the lease.

Listen as our panel of real estate attorneys looks at casualty and liability insurance issues critical to landlords and tenants negotiating a real estate lease. The panel will discuss essential coverage and contract provisions to require insurance coverage and maximize coverage benefits. The program will also discuss other coverage issues relevant to commercial leases, including exclusions, proof of coverage, additional insured and loss payee parties, and primary/excess coverage.