While a landlord is typically responsible to maintain the common areas, it is unusual for a lease to contain a provision requiring the landlord to defend and indemnify a tenant for incidents occurring in the common areas. (Photo: Shutterstock)
In the realm of additional insured endorsement coverage cases, in the landlord-tenant context, litigants often refer to rival lines of cases: Harrah's v. Harleysville Ins. Co. and Pennsville Shopping Center Corp. v. American Motorists Ins. Co.
Additional insured liability precedent set in Harrah's case
In Harrah's, the injured party, Sharon Lovitz, shopped at a store called Talk of the Walk (TOW), which was a tenant who operated a store in the Harrah's Marina Hotel & Casino. After completing shopping, Lovitz left the store, walked through the hotel, and then exited the hotel. As she was crossing a city street to access the Harrah's parking garage, she was struck by an automobile operated by a Harrah's valet.
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