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 video webinar with Q&A
This CLE course 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 for the parties 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 prior ISO's revisions to AI endorsements narrowed the scope of coverage for AIs?
- How can counsel draft subrogation waivers that protect both landlords and tenants?
Brad A. Molotsky
Mr. Molotsky’s primary practice is focused in the areas of commercial leasing, acquisitions and divestitures,... | Read More
Mr. Molotsky’s primary practice is focused in the areas of commercial leasing, acquisitions and divestitures, property management, financing, public private partnership and real estate joint ventures (including mixed-use development). He also has deep experience in board governance and managing public company issues such as enterprise risk, internal audit, compensation, proxy statement preparation and review, as well as energy efficiency and sustainability and corporate social responsibility. Previously for nearly 20 years, he served as executive vice president, general counsel and corporate secretary of Brandywine Realty Trust where he was responsible for all legal operations of the company, including acquisitions and divestitures, financings, joint ventures, board matters, insurance procurement, litigation oversight, SEC filing oversight and the legal aspects of capital raising.Close
Jeremy Y. Weltman
Ruberto Israel & Weiner
Mr. Weltman's wide-reaching litigation practice focuses on finding successful resolutions to his clients' legal... | Read More
Mr. Weltman's wide-reaching litigation practice focuses on finding successful resolutions to his clients' legal issues. He represents both individuals and companies across a range of industries including hospitality, real estate, construction, healthcare, restaurant, and retail. Mr. Weltman's direct civil and commercial litigation experience includes handling complex commercial and business litigation, employment litigation, Wage Act litigation, probate litigation, real estate disputes, construction matters, civil rights litigation including ADA accessibility, accommodation issues, and high impact class action work, municipal disputes, appellate advocacy, and other tort based litigation matters.Close