Limiting tenant liability in a commercial policy

Coverage Q&A: The insured landlord wishes to cap the amount of liability under a tenant lease.

A landlord wants to cap any liability against the tenant at $75,000. (Photo: T.Dallas/Shutterstock)

Every claim is different, and some insurance policies can be difficult to interpret for unique situations. FC&S Expert Coverage Interpretation, the recognized authority on insurance coverage interpretation and analysis for the P&C industry, makes it simple to find credible answers to your complicated coverage questions. Analysis brought to you by our FC&S experts. 

Editor’s Note: In this week’s question, we have an insured landlord who wishes to cap any liability against the tenant at $75,000.

Question: My policyholder has lessors’ risk CGL policy. One of their tenants is negotiating to terminate their lease early. The insured is going to enter a lease termination agreement with their tenant. In that agreement, they will cap any liability against the tenant (contract, tort, or otherwise) at $75,000. They wish to know if that runs contrary to the coverage provided in the CGL under an “insured contract.” Please advise.

— Illinois Subscriber

Analysis: In a lease of premises, a tenant is responsible for its acts or omissions under common law and its successor statutes.

Answer: To learn the answer to this week’s coverage Q&A, please log into your FC&S Expert Coverage Interpretation account.

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