Allocating Risk in Real Estate Leases: Contractual Indemnities, Additional Insured Endorsements, Subrogation Waivers
Coordinating Lease Provisions With Insurance Coverage to Mitigate Landlord and Tenant Liability Risks
Recording of a 90-minute premium CLE webinar with Q&A
This CLE webinar will provide real estate counsel with a review of how parties in leasing transactions can allocate risk to protect their respective economic interests. The panel will address indemnification provisions, including those for actions arising from a party's negligence, additional insured (AI) endorsements, and waivers of subrogation under which the parties attempt to protect themselves from economic loss.
- Indemnification lease provisions
- Fault-based vs. "no-fault"
- Unilateral vs. mutual
- Interplay with insurance
- Statutory considerations
- Additional insured coverage
- Additional insured vs. additional named insured
- Endorsements vs. certificate of insurance
- Policy language and various additional insured forms
- Scope of coverage
- The interplay between contractual indemnity and additional insured coverage
- Contractual indemnification
- Contractual insurance requirements
- Additional insured coverage
- Crafting contractual indemnification provisions
- Overview of subrogation principles
- Mutual waivers of subrogation
- Limited waivers of subrogation
The panel will review these and other relevant issues:
- How can counsel draft indemnification lease provisions that protect their clients--whether the indemnitor, landlord, or tenant?
- How can counsel ensure that contractually required AI coverage is satisfied by the named insured's policy?
- How have the ISO's 2013 revisions to AI endorsements narrowed the scope of coverage for AIs?
- How can counsel draft subrogation waivers that protect both landlords and tenants?
Janet M. Johnson
Ms. Johnson combines a rare blend of accounting, business and nonprofit board experience with many years as a... | Read More
Ms. Johnson combines a rare blend of accounting, business and nonprofit board experience with many years as a commercial real estate lawyer in her role as a trusted adviser to clients seeking to maximize the return on their investments in commercial real estate. For companies leasing their space, Ms. Johnson focuses on the dollars and cents part of the lease term, including those that will cost the tenant money in the long run. These issues include operating expense pass-throughs, repairs and maintenance, and insurance and indemnification obligations. She brings knowledge gained from years of speaking and writing on the subject of a landlord’s duties and obligations in commercial leases.Close
David S. Sattelberger
Mr. Sattelberger concentrates his practice in commercial real estate transactions. He regularly represents developers,... | Read More
Mr. Sattelberger concentrates his practice in commercial real estate transactions. He regularly represents developers, investors, landlords, tenants, and business owners in connection with their real estate interests and on more general commercial matters. Mr. Sattelberger’s work frequently involves representing clients in negotiating purchases, sales, and leases for commercial real estate and development projects. He has experience representing buyers and sellers in acquisitions and dispositions of an array of commercial real estate assets, including industrial, retail, mixed use and residential properties. Mr. Sattelberger also has experience representing clients in financing, zoning, and ground lease transactions.Close