Property and Liability Insurance in Commercial Leases: Key Provisions and Coverage Issues
Additional Insured and Loss Payee Clauses; Interplay With Indemnity Provisions
Course Details
- smart_display Format
Live Online with Live Q&A
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Real Property - Transactions
- event Date
Thursday, September 4, 2025
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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.
Mr. Kelly focuses his practice on general corporate law and real property law, including commercial real estate leasing, financing and acquisitions, and business mergers and acquisitions. With respect to leasing, he represents both landlords and tenants nationwide in substantial office, retail, industrial and government leasing transactions. Mr. Kelly serves on the Board of Editors of Commercial Leasing Law & Strategy, a national publication. He has also served as a featured guest on real estate leasing topics on Commercial Real Estate Radio. Mr. Kelly’s lending experience includes representing both lenders and borrowers in complex financial transactions secured by real or personal property, including the negotiation of the initial loan documents and advising with respect to workout strategies and foreclosures.
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.
Ms. Bane structures, negotiates, and implements large national property and builders risk programs, with an emphasis on catastrophic exposures. Her expertise with complex layered and quota-share programs and senior insurer relationships helps deliver innovative insurance and risk management property solutions to Gallagher’s clients. Ms. Bane also manages Gallagher’s Los Angeles Real Estate & Hospitality team which specializes in property, casualty, environmental and financial products for Gallagher’s real estate and hospitality clients. They currently place coverage in the worldwide insurance marketplace for clients with more than $189 billion in insurable values. Ms. Bane has spoken at numerous industry events on a variety of property insurance-related topics.
Ms. Drake-Patelson assists real estate clients in managing risk through insurance placements and various risk transfer mechanisms. Her specialties are liability, workers compensation, named insured wording, and policy terms and conditions. Ms. Drake-Patelson frequently teaches on insurance issues to clients, property managers and asset managers.
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.
I. Intro: nuts and bolts and common terms
II. Interrelation between property and liability coverage
III. Casualty insurance
IV. Commercial general liability insurance
V. Certificates of insurance
VI. Matching indemnity and casualty restoration obligations with insurance
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?
Related Courses
Water Rights in Commercial Real Estate Sales: Jurisdictional Differences, Due Diligence Requirements, Key Provisions
Tuesday, June 17, 2025
1:00 p.m. ET./10:00 a.m. PT
Property and Liability Insurance in Commercial Leases: Key Provisions and Coverage Issues
Wednesday, June 25, 2025
1:00 p.m. ET./10:00 a.m. PT