News & Analysis as of

Negligence Commercial Tenants

White and Williams LLP

Waiver of Subrogation and Lack of Contractual Privity Bars Commercial Tenants’ Claims

White and Williams LLP on

In United States Automatic Sprinkler Corporation v. Erie Insurance Exchange, et al., No. 2SS-CT-264, 2023 Ind. LEXIS 105, the Supreme Court of Indiana (Supreme Court) reversed an order of the trial court that denied a motion...more

Downs Rachlin Martin PLLC

Premises Liability: Vermont Supreme Court Affirms That Landowner Is Not Responsible for Death of Lessee’s Guest

The Vermont Supreme Court just issued a new premises liability decision, clearing a non-possessory property owner from a wrongful death claim made by an invitee of the commercial tenant. Here’s the decision and a very brief...more

Obermayer Rebmann Maxwell & Hippel LLP

"Reasonableness.” What does this mean for commercial property owners?

“So, you’re telling me there is a chance” is the iconic line from the 1994 blockbuster movie “Dumb and Dumber” starring Jim Carey (as “Lloyd Christmas”) and Lauren Holly (as “Mary Swanson”). In the film, Lloyd is enamored...more

Ward and Smith, P.A.

Avoiding Commercial Lease Disputes – Clearly Reflecting the Intent of the Parties is Key!

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A commercial lease symbolizes a consensual relationship between parties that can be enduring and rewarding, or short-sighted and emotionally and financially taxing. Entering into a clearly drafted lease agreement at the...more

Patton Sullivan Brodehl LLP

Loss of Use can be “Property Damage” under Insurance Policies

General liability insurance policies normally cover “property damage.” Physical injury to, or outright destruction of, property almost always fits within policy coverage. But what about situations when the property is not...more

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