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Property and Liability Insurance in Commercial Leases: Key Provisions and Coverage Issues

Additional Insured and Loss Payee Clauses; Interplay With Indemnity Provisions

A live 90-minute premium CLE video webinar with interactive Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Thursday, September 4, 2025

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

Early Registration Discount Deadline, Friday, August 8, 2025

or call 1-800-926-7926

This CLE course will address casualty and liability insurance issues applicable to real estate leasing from the perspective of both landlord and tenant. The program will discuss the necessary coverage and recommend contract provisions to require insurance coverage and receive the maximum benefit of the coverage. The program will also address key coverage issues such as exclusions, proof of coverage, additional insured and loss payee parties, and primary/excess coverage.

Description

One of the more complex commercial leasing areas involves insurance provisions and how they relate to indemnities for third-party and first-party claims. Businesses can address these risk allocation issues with liability and property coverage, but counsel must ensure indemnity provisions that do not impede insurance coverage.

Counsel must identify the potential, relevant casualty loss exposures and the scope of the applicable insurance policy(ies) when drafting insurance requirements to apply to each party.

A vital issue in liability coverage is the ability to access the other party's coverage in the face of a contractual liability exclusion and other policy limits. The parties should obtain additional insured status to confirm insurance coverage of contractual indemnification under the lease.

Listen as our panel of real estate attorneys looks at casualty and liability insurance issues critical to landlords and tenants negotiating a real estate lease. The panel will discuss essential coverage and contract provisions to require insurance coverage and maximize coverage benefits. The program will also discuss other coverage issues relevant to commercial leases, including exclusions, proof of coverage, additional insured and loss payee parties, and primary/excess coverage.

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Outline

  1. Intro: nuts and bolts and common terms
  2. Interrelation between property and liability coverage
  3. Casualty insurance
  4. Commercial general liability insurance
  5. Certificates of insurance
  6. Matching indemnity and casualty restoration obligations with insurance

Benefits

The panel will review these and other key issues:

  • What are the relevant considerations for parties assessing appropriate protection under a casualty policy?
  • What are best practices for drafting risk allocation and insurance provisions?
  • How can counsel ensure that contractually required AI coverage is satisfied by the named insured's policy?

Faculty

Bane, Martha
Martha Bane

Executive Vice President, Managing Director
Arthur J. Gallagher & Co

Ms. Bane structures, negotiates, and implements large national property and builders risk programs, with an emphasis on...  |  Read More

Kelly, John
John G. Kelly

Shareholder
Bean Kinney & Korman

Mr. Kelly focuses his practice on general corporate law and real property law, including commercial real estate...  |  Read More

Drake-Patelson, Susan
Susan Drake-Patelson, CPCU, RPLU, ASLI

Area Executive Vice President
Arthur J. Gallagher & Co.

Ms. Drake-Patelson assists real estate clients in managing risk through insurance placements and various risk transfer...  |  Read More

Weltman, Jeremy
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

Attend on September 4

Early Discount (through 08/08/25)

Cannot Attend September 4?

Early Discount (through 08/08/25)

You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

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