An appellate court in Florida cited eight provisions in a commercial lease to conclude that the landlord's insurer could bring a subrogation action against a tenant whose alleged negligence had caused fire damage to the rented building — notwithstanding that, under the lease, the tenant paid the majority of the premiums for the landlord's fire insurance.

The Case

Puccini LLC, dba 5 Napkin Burger (the “Tenant”) leased space from Lincoln-Drexel Waserstein Ltd., and Lincoln Drexel Ltd. (together, the “Landlord”) for a restaurant pursuant to a written lease agreement dated March 1, 2010, for a term of 15 years and 10 months.