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Risky Drafting: Practical Tips for Lease Liability Insurance Requirements

Marie A. Moore is a member of Sher Garner Cahill Richter Klein & Hilbert, L.L.C., in New Orleans, Louisiana, and is a member of the Section Council, advisor to the Section’s Diversity and Inclusion Committee, member of the Section’s Planning Committee, the National CLE Meeting Division vice-chair of the Section’s Continuing Legal Education Committee, a member of the Section’s Leadership/Mentoring Task Force, and the editor of Probate & Property‘s The Last Word column. Charles E. Comiskey is President of RiskTech, Inc. and Senior Vice President of Brady Chapman Holland & Associates, in Houston, Texas.

Lease lawyers are often confused by the technicalities of insurance forms and available coverages, particularly when they try to apply these technicalities in actual lease drafting. This is particularly true for lease provisions in which a landlord requires the tenant to insure against third-party claims asserted against the landlord by reason of accidents that occur on the premises or that are otherwise caused by the tenant or its operations (this type of coverage is “liability insurance,” although insurance professionals often refer to it as “casualty insurance”). This article will analyze some common lease liability insurance requirements and provide answers to common liability insurance drafting questions.

Requirement that covers not be less broad than that provided in the specified form,
not that t

Requirement that covers not be less broad than that provided in the specified form, not that t

(credit: iStockphoto)

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