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Case Notes

Contractual Allocation of Damage Risk Thwarts Insurer's Subrogation Claim<br>Lacking Specifics, Lease Term Is Unenforceable

7 minute read May 01, 2019 at 12:03 AM
By
ssalkin
Case Notes

Contractual Allocation of Damage Risk Thwarts Insurer's Subrogation Claim

A landlord's insurer was not entitled to recovery where the lease allocated the risk of building damage to the landlord and required it to obtain insurance, which then covered both the landlord's and tenant's potential liability, leaving the insurance company without subrogation rights against the tenant.

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