News & Analysis as of

Subrogation Commercial Property Owners

White and Williams LLP

Reasonable Expectations – Pennsylvania’s Case by Case Approach to the Sutton Rule

In Mutual Benefit Ins. Co. a/s/o Michael Sacks v. Koser, No. 1340 MDA 2023, 2023 Pa. Super. LEXIS 574, 2023 PA Super 252 (Mutual Benefit), the Superior Court of Pennsylvania discussed whether a landlord’s property insurer...more

Lowenstein Sandler LLP

When Insurance and Real Estate Issues Collide: Key Considerations For Leasing or Purchasing Property

Lowenstein Sandler LLP on

In this episode of “Don't Take No for an Answer,” Lynda A. Bennett talks to Stacey C. Tyler, counsel in Lowenstein’s Real Estate practice group, about some of the key insurance coverage issues that come up when a company...more

Woodruff Sawyer

Property Loss Management: FAQs for Landlords and Tenants

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When an incident happens on your commercial property, whether you’re a tenant or a landlord, it’s time to reach out to your insurance provider. Both parties have mutual obligations—and motivations—to resolve the issue and...more

White and Williams LLP

Tenants Underwater: Indiana Court of Appeals Upholds Privity Requirement for Property Damage Claims Against Contractors

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In United States Automatic Sprinkler Corp. v. Erie Ins. Exch., et al., No. 21A-CT-580, 2022 Ind. App. LEXIS 87 (Automatic Sprinkler), the Court of Appeals of Indiana (Court of Appeals) considered whether there is a privity...more

Lowndes

Five Quick Bullets for a Tighter Lease

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Here are five quick tips for tightening a commercial real estate lease and avoiding potential pitfalls down the road....more

White and Williams LLP

California Court Invokes Equity to Stretch Anti-Subrogation Rule Principles

In Western Heritage Ins. Co. v. Frances Todd, Inc. 2019 Cal. App. Lexis 299, the Court of Appeals of California, First Appellate District, addressed whether a commercial condominium association’s carrier could subrogate...more

Butler Weihmuller Katz Craig LLP

Know Your Lease: Florida's 3rd District Revisits Subrogation In The Context Of Landlord/Tenant Leases

Historically, a tenant who pays towards its landlord’s insurance premiums, pursuant to the terms of the lease, is generally considered a “co-insured” under the landlord’s policy. See Lumber Mutual Insurance Co. v. Zoltek...more

White and Williams LLP

Connecticut Supreme Court Holds That Landlord’s Insurer Can Pursue Equitable Subrogation If Lease Requires Tenant Have Insurance...

In Amica Mutual Insurance Company v. Muldowney, 328 Conn. 428 (2018), the Connecticut Supreme Court considered whether a landlord’s insurance carrier could subrogate against the landlord’s tenants for property damage when the...more

Pillsbury Winthrop Shaw Pittman LLP

Perspectives on Insurance Recovery

Welcome to the latest edition of Pillsbury’s Perspectives on Insurance Recovery. As this 2015 edition of Perspectives demonstrates, our team is working on the most challenging issues—from cyber-insurance and complex claims...more

Carlton Fields

Real Property, Financial Services & Title Insurance Update: Weeks Ending January 16 & 23,2015

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REAL PROPERTY UPDATE - Commercial Lease/Cotenancy Provisions: whether cotenancy provision in lease for retail space in shopping center, which requires other particular store(s) in shopping center to remain occupied by...more

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