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 AI coverage
- Contractual indemnification
- Contractual insurance requirements
- AI 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?
Stephen E. Friedberg
Mintz Levin Cohn Ferris Glovsky and Popeo
Mr. Friedberg is engaged in the general practice of commercial real estate law, both nationally and locally, including... | Read More
Mr. Friedberg is engaged in the general practice of commercial real estate law, both nationally and locally, including complex leasing transactions; office leasing; shopping center, office and commercial building development; construction and redevelopment; sales, acquisitions and financings of large multiproperty groupings; complex financial restructurings for developers and other property owners; and the acquisition and disposition of oil and gas properties. Mr. Friedberg has lectured on various issues concerning office leasing, shopping centers and telecommunications.Close
John G. Kelly
Bean Kinney & Korman
Mr. Kelly focuses his practice on general corporate law and real property law, including commercial real estate... | Read More
Mr. Kelly focuses his practice on general corporate law and real property law, including commercial real estate leasing, financing and acquisitions, and business M&As. With respect to leasing, Mr. Kelly represents both landlords and tenants nationwide in substantial office, retail, industrial and government leasing transactions. His lending experience includes representing both lenders and borrowers in complex financial transactions secured by real or personal property.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