8 Lease Provisions Allow Landlord's Insurer to Sue Tenant in Subrogation Action
The Third District Court of Appeal reverses the trial court on insurance exposure after a fire at an upscale Miami Beach burger eatery.
February 13, 2019 at 10:19 AM
9 minute read
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.
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