Commercial real estate

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Essential Contractual Protections

Beyond the dollar amounts, landlords should include these clauses to ensure the coverage actually protects them:

  • Additional Insured: The landlord must be named as an "Additional Insured" to receive a direct right of defense and coverage under the tenant's policy.
  • Primary and Non-Contributory: This ensures the tenant's insurance pays first before the landlord's own insurance is even triggered.
  • Waiver of Subrogation: Prevents the tenant's insurance company from suing the landlord to recover money paid out on a claim.
  • Notice of Cancellation: Requires the insurer to provide 30 days' advance notice to the landlord if the policy is about to lapse or be canceled.
  • A.M. Best Rating: Requirement that the insurance carrier has a strong financial rating (e.g., A- / VII or better) to ensure they can pay out claims.