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Interinsured Claims Exclusion Did Not Exclude Coverage Where an Additional Insured Landlord Was Not Adverse to a Named Insured Tenant (December 5, 2012) __Cal.App.4th __; 12 C.D.O.S. Few insurers want to assume the liability of apartment complex owners and managers, but they often issue Additional Interest endorsements that include notice of cancellation. It's definitely normal for reasons others have told you. So, if the landlord is an additional insured on its tenant’s policy, the words, “Your acts or omissions” means the acts or omissions of the tenant. The risk transfer is different with the different coverage form. Often, landlords will ask that you purchase general liability, often with a specific limit. I am looking over my policy and I am not seeing a place for additional insured. That can't happen if the landlord is listed as an additional insured. Some also like to know that if the place burns, you have coverage and won’t be coming to them for indemnity on your burnt stuff. We are looking to rent a house. The only problem is one of the landlord's demands is that he be listed as an "additional insured." Super normal. In other terms, Lienholders typically want to be put on an auto insurance in the same manner, to signify a financial interest. When one business performs work for another, the hiring company often demands coverage as an additional insured under the other party's general liability policy.The obligation to provide coverage is stipulated in a written contract signed by both parties. Covering your landlord as an additional insured. In Wesco Insurance Co. v. Travelers Property & Cas. Ultimately the insurance company will make the decision if they will be added as an additional insured or not based on that companies definitions. My landlord requires us to prove we have coverage. This just shows the coverage you have, and it will entitle them to receive any notifications if your policy cancels for non payment, etc. For the general liability insurance coverage and policies required to be held by Tenant pursuant to this Section 9(b) Tenant shall name Landlord as an additional insured party, if permitted by the insurance carrier at commercially reasonable rates. Based on the foregoing, and the absence of any allegation that any wrongful act or omission by the Tenant in the common areas contributed to the injury, Tenant and its insurer had no obligation to defend the injured party’s claim. The landlord should just need a certificate of insurance, and they are listed as a certificate holder. I have never been asked to do this. I'm sure you can see that from the replies you've gotten here. And, most companies have many different forms for adding additional insureds. You’re absolutely right that the policy is for your property or if someone hurts themselves. The lease defines who is responsible for what and which policy applies. Maybe do a search next time? To whom these labels apply — and what they protect — may vary substantially. When you add your Property Manager as an Additional Insured on your landlord policy, it means that any coverage you have is extended to them. Any and all insurance ----- maintained by Tenant as required by this Lease, or in excess of or in addition to that required hereunder, shall name Landlord and any mortgagee requested by Landlord as an additional insured(s), and shall use its best efforts to provide a waiver of subrogation from its insurance carrier. In the realm of additional insured endorsement coverage cases in the landlord-tenant context, litigants often refer to rival lines of cases—Harrah’s Atl. provide for such additional insured. The landlord of the home we were interested in renting is requiring us to add her as additional insured (not additional interest) to our renters insurance policy. Question: We have an insured written on an HO4 renters policy. Why would our landlord need to be on that? Here is a real basic example, Say I … 13358 The California Court of Appeal, Second Appellate District, affirmed Gemini Insurance Co.’s motion for summary judgment in a lawsuit brought by Gemini seeking reimbursement of a paid property damage … Super common. Additional interest is what they should be, not an additional insured. It shouldn't increase the premium so there isn't really a downside to it. 5. These days, it is very common for Property Managers to be listed as an Additional Insured on a landlord policy. However since you stared that you clarified this with the lessor it sounds shady as a lessor to do so. When a property owner leases all or a portion of a building to a tenant, the property owner bears a risk that someone could be injured on the rented property while visiting the tenant. Adding landlord as "additional insured" to liability renter's insurance. Insurance. Make sure it is only for general liability. The landlord additional insured endorsement, along with the lease indemnity agreement, is designed to protect the building owner from liability claims that result from the tenant’s activities. A named driver policyonly covers drivers explicitly listed as named drivers on the policy. provide for such additional insured. Although an additional insured endorsement makes the landlord an “insured” of the tenant’s policy it does not cover everything. Basically you would have your policy provide protection to the landlord for their protection. Endorsements covering landlords as additional insureds typically exclude accidents that occur after you cease to be a tenant in the premises. Insurance requirements can be lengthy at many different times during the course of a lease. This is not wholly unusual and he would only be covered if he was brought into a suit that was brought against you. Additional Insured Endorsement Should Cover a Tenant's "Operations" A recent federal case shows that, when arranging additional insured (AI) coverage for a landlord, it would be a good idea to obtain an endorsement covering liabilities arising out of the tenant's "operations" in the leased space. Now your stuck with a claim under your Landlord policy, for something you were not responsible for. Usually premium isn’t even that much in difference. What does “Additional Insured” mean? I have clarified with him multiple times that this is what he means and that it would not suffice for him to be listed as an interested party. Its absolutely legal. I live in a condo, and my landlord (a commercial real estate company) is requiring me (and all other tenants) to name them as an insured on my renter's insurance policy. As an Additional Insured, you can file the claim under Tenant #1 Renters insurance since they were the responsible for the claim. In general, their rights and responsibilities will be severely limited compared to a Named Insured. Your liability policy should protect you should you be sued for a dog. Additional Insured is generally a liability term that means that your liability insurance will also defend and indemnify the landlord in case they're sued for something that happens … It's and host of other claims. Most reputable insurance companies understand that adding an Additional Insured is in their client’s best interest and will do so upon request for little or no additional cost. I'm seeing online that this happens sometimes, but also reading that it's a very bad idea. I read some previous posts here about the same issue and it seems that there are some mixed opinions on this, but the prevailing opinion is that it is a bad idea. City v. There are some basic questions that property owners and landlords ask us in the course of doing business. Super common. Landlords and building owners commonly require tenants to name them as additional insured. Reason for Coverage . There's often confusion around the definitions of additional insured, named driver, and listed drivers on car insurance policies. It's not a big deal and most companies will do that no problem. This gives the tenant’s policy priority in paying for claims in which the tenant is at least partially responsible. Insurance coverage and additional insured status issues The lease required both Landlord and Tenant to obtain commercial liability insurance. That doesn't mean that your insurance is covering them for anything they are liable for, just for your action/inaction. Here is the issue. As with most other types of policy, additional insured endorsements will be limited. Yeah I know why we need renters insurance, it just seems odd to me that they want to be listed as an insured party on our insurance and not just an interested party like our previous apartment complex. The standard ISO limits coverage to only those people or groups specifically listed in the endorsement as mentioned. Otherwise, the landlord … Landlords and building owners commonly require tenants to name them as additional insured. I could then sue the property management company because they allowed the situation to happen in their property. They want to be listed as an additional insured on your renters liability policy in case your dog bites someone. The way they can do this is to be listed as additional insured/additional interest. What does this mean for us? The landlord additional insured endorsement, along with the lease indemnity agreement, is designed to protect the building owner from liability claims that result from the tenant’s activities. Being listed an as additional insured means they would be afforded the same coverages as the policy holder. Permissive useis not honored in this situation, so it is not advised that you loa… Is there any way to keep the coverage I just got (without him listed - got a discount because I also have car insurance through the company) without naming him as he wishes? Landlords and/or apartment complexes are commonly listed as interested parties on renters insurance policies. Most leases require General Liability, property, and additional coverages including an umbrella or excess policy. The landlord wants to make sure they’re not going to get sued if someone gets injured in your apartment because your coverage will be primary for that. First ever post, not sure if it fits here but worth a try. In other words, the tenant isn't covered against liability caused by the landlord's acts. Here are some other factors that affect the price of your landlord insurance: Security features Age and condition of the property Would there be a conflict of interest if the tenant starts a fire. There is a place for insured (me) and mortgagee/additional interest. “ Typically an endorsement to the policy is added to cover additional insureds. Short Story: Landlords, clients, and business partners will want anywhere between a 10-30 day notice if your insurance carrier intends to cancel the policy before the designated expiration date. The other certificate forms most frequently used in lease transactions are the ACORD 27 (2009/12) form - Evidence of Property Insurance and the ACORD 28 (2011/11) form - Evidence of Commercial Property Insurance. Most insurance companies will not automatically add the landlord as an additional insured but it will do so at no additional costs to the tenant if asked. 3. This is to buffer my liability as the owner of the condo on a claim that I should not be liable for.". Landlord as Additional Insured. Here is a real basic example, Say I come over to your house and your dog attacks me. The only reason the landlord should be listed as 'additional insured' is if one of the following conditions is in play: You're roommates or the landlord is live-in. We received a response as this is standard. With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. It just means they get alerted if the policy cancels, as well as signifies they have a financial interest in your property. An “additional insured” is a person or entity other than the named insured who is protected under the terms of the insurance policy sometimes referred to as the “loss payee. If anyone, from a landlord to a contractor or even a roommate, asks to be added to your renters insurance as additional insured, make sure you fully understand what that means under the terms of your own policy. B. He should have his own policy for his liability for suits brought against him directly. Or if I mess up and cause damages, can he bring a claim against me if we share insurance. For instance, many businesses satisfy lease requirements by insuring their landlord under their liability policy using a standard ISO additional insured endorsement. Our rental insurance company (Travelers), when contacted, outright refused to add the landlord as an additional insured, which gave us a good bargaining position, and was also a sure sign that adding your landlord as an additional insured is kinda shady. When it comes to Personal coverage, the landlord needs to be listed as an additional interest. As said above he just wants to be added to be able to recover damages under your policy. Is my intuition correct that this is very suspicious activity? But putting that aside for a moment, let’s take a look at some of the impacts of no longer being able to use a lease that requires additional insured on a tenant’s insurance policy. When a landlord is asking to be listed as "additional insured", what they are typically asking for is liability extension (sometimes called Section 2 Coverage). When a landlord is asking to be listed as "additional insured", what they are typically asking for is liability extension (sometimes called Section 2 Coverage). What that does is it covers the landlord from your liability to a third party. In this manner, if there is an accident or loss on the tenant's premises (such as a fall or a fire), then the landlord will enjoy the benefits of the tenant's insurance coverage. I am nervous about things like him making claims in my name, and or us having issues with liability. To protect your company against these claims, you should purchase a liability policy. The tenant’s general liability insurance policy should include an additional insured endorsement for the landlord as well as citing them on the declarations page as a loss payee. I’m an insurance agent, this isn’t uncommon. Is this normal? But putting that aside for a moment, let’s take a look at some of the impacts of no longer being able to use a lease that requires additional insured on a tenant’s insurance policy.
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