Essentially a pipe burst on the third floor causing damage to our client's space on the first floor. The landlord has agreed to provide building insurance to our insured, but the insurer believes that our policy should be insuring the paint, wallpaper and other improvements that are permanently attached.
I included the lease because it is relevant in this scenario, it states building insurance should be provided by the landlord, also states the landlord is responsible to repair floor, walls, etc., but also states tenant should repair their alterations, additions and improvements and/or fixtures introduced to the leased premises.
My question is: If they have been paying the landlord to provide building insurance could they not theoretically collect from the policy the landlord is proving them with in order to repair their alterations, additions and improvements and/or fixtures introduced to the leased premises? Specifically, wallpaper and paint that is permanently installed and will become part of the building when the premises is vacated by them after their lease?
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For enterprise-wide or corporate access, please contact our Sales Department at 1-800-543-0874 or email [email protected]Christine G. Barlow, CPCU
Christine G. Barlow, CPCU, is Executive Editor of FC&S Expert Coverage Interpretation, a division of National Underwriter Company and ALM. Christine has over thirty years’ experience in the insurance industry, beginning as a claims adjuster then working as an underwriter and underwriting supervisor handling personal lines. Christine regularly presents and moderates webinars on a variety of topics and is an experienced presenter.