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Re: Lessor Risk liability vs tenant liability

Posted: Thu Mar 22, 2012 11:02 am
by martylebson
Landlord should keep records and require up-date evidence each year. Thta is normal practice for professional landlords.

Re: Lessor Risk liability vs tenant liability

Posted: Fri Mar 23, 2012 6:13 am
by darnovak
Do your carriers require tenant liability for 'lessor's risk' policies? if so, this would be set forth in the underwriting guidelines and/or the insurance contract itself. By the insured not having the required underlying (tenant's) insurance in place it may be considered a material misrepresentation on the part of the insured. It may also be failure of the insured to comply with a warranty. Carriers have been known to void or decline coverage in these instances; or declare the policy void ab initio (from inception). I suggest you may want to familiarize yourself with the underwriting and eligibility guidelines for these 'lessors risk' contracts. At the very least, I suggest you obtain specimen copies of the policies, forms, and endorsements used, read them, analyze them, and know what they cover and what they exclude. Pay close attention to the policy conditions - especially those applicable to loss situations. Sorry, but these suggestions are material covered in Insurance 101. regards,

Re: Lessor Risk liability vs tenant liability

Posted: Tue Apr 03, 2012 12:15 pm
by Rock54
The reason for the tenant liability is so the owner does not have to use their insurance. There are adverse consequences when the owner's liability insurance responds to lawsuits arising out of the tenant's premise.

The owner may be embroiled in a lengthly lawsuit because the owner's carrier is disputing coverage alleging that the tenant was negligent and not the owner.

The owner's carrier may non renew due to the cost of the legal defense and/or claim payment. The prospective carriers will want to review the loss history and if it is revealed that the owner's claim(s) would have been paid by the tenant's insurance it is highly likely a majority of them will decline to offer coverage. In instances where a majority of carriers decline the risk the few remaining carriers that offer coverage will be at a significantly higher premium and perhaps, reduced or restricted coverage.

Re: Lessor Risk liability vs tenant liability

Posted: Mon Apr 09, 2012 12:46 pm
by LadyBroker
Also, keep in mind that in the event the Tenant does not have any coverage, even though the Landlord does, the Landlord policy is for the Premises only. It is not going to pick up, not is it likely to defend, a claim arising from the tenant's Business Operation.

It is a subjectivity in most nearly all Landlord policies that the tenant has their own coverage for their business operations.

Re: Lessor Risk liability vs tenant liability

Posted: Wed Apr 18, 2012 11:27 pm
by robmejia
Lessor's risk insurance protects you from liability when the lessee faces property loss including damage and destruction of property as for tenant liability insurance, it protects you from other costs for which you are liable as a tenant. There are various situations covered by this

Re: Lessor Risk liability vs tenant liability

Posted: Thu Apr 19, 2012 12:23 pm
by LadyBroker
We were speaking only to the LIabilty of the landlord and the tenant, not to Property coverage.