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.
Outline
- 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
- Subrogation
- Overview of subrogation principles
- Mutual waivers of subrogation
- Limited waivers of subrogation
Benefits
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?
Faculty
Alan Di Sciullo, Esq.
Retired Partner
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Mr. Di Sciullo is the retired Director of Global Real Estate for Shearman & Sterling LLP. In that capacity, he... | Read More
Mr. Di Sciullo is the retired Director of Global Real Estate for Shearman & Sterling LLP. In that capacity, he directed the firm’s worldwide real estate portfolio. Mr. Di Sciullo has served as an Executive, Council and Planning member of the American Bar Association’s Real Property Trust & Estate Section and Senior Lawyer’s Division (SDL) and has been a long-serving committee chair and Council and Planning member of each. He also served as President of the New York chapter of the International Association of Corporate Real Estate Executives, director on that organization’s international board of directors, president-elect of its educational affiliate, the Institute of Corporate Real Estate, and an advisory member on the New York chapter of its successor organization, CoreNet Global. Mr. Di Sciullo is a co-author of a 2800-page treatise Negotiating and Drafting Office Leases (Law Journal Seminars-Press 1995), now in its 28th year of publication. He is an adjunct Professor at NYU Schack, where he was honored this year for 30 years of service to the University and has received Outstanding Teaching and Services awards.
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Jeremy Y. Weltman
Shareholder
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.
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