In many of today’s commercial leases, the parties generally gloss over the insurance clauses considering them to be simply boiler plate or standard language. Generally speaking, little thought is given to the insurance clauses until in fact something bad happens. In a properly drafted Triple Net Lease, each party provides its own insurance to protect against events that will harm or interfere with a party’s business. In the recent matter of LIG Insurance Co., Ltd. v. Bonano Real Estate Group II, L.P., the Appellate Division upheld a ruling by the trial court that enforced the terms of the insurance clauses in the Lease as they were written.
In that matter, a first floor tenant suffered damage from a leaking bathroom on the second floor. After reimbursing its insured, the first floor tenant, Plaintiff the insurance carrier sued the Landlord on a claim of subrogation. Subrogation is a legal theory that permits the insurance company to step into the shoes of its insured after it has paid on the claim. The insurance company then has the standing of the aggrieved party. However, the lease properly provided for a waiver of claims between the Landlord and Tenant and required each party to obtain its own insurance. Based upon the properly drafted express terms of this Lease, the trial court dismissed the claims of the insurance company and the Appellate Division affirmed. Without such a clause the Landlord was exposed to a damage claim from the Tenant’s carrier.
Many Landlords typically use a lease that they have been using for many years without reviewing those terms and conditions on a regular basis. The case above described illustrates why a periodic lease checkup with your attorney is a good thing to protect against unintended losses and consequences of lease provisions that have not been kept up to date with the law.
Mark K. Follender is a Partner at Scarinci Hollenbeck and chair of the firm’s Real Property Tax Appeals Group, which represents private commercial property owners and municipalities throughout the State of New Jersey. Feel free to contact Mark Follender, if you would like to discuss your property tax appeal options or have questions about the article above.
Why Compliance Monitoring Matters for NY and NJ Businesses
Compliance programs are no longer judged by how they look on paper, but by how they function in the real world. Compliance monitoring is the ongoing process of reviewing, testing, and evaluating whether policies, procedures, and controls are being followed—and whether they are actually working. What Is Compliance Monitoring? In today’s heightened regulatory environment, compliance […]
When Are New Jersey Business Owners Personally Liable for Corporate Debt?
New Jersey personal guaranty liability is a critical issue for business owners who regularly sign contracts on behalf of their companies. A recent New Jersey Supreme Court decision provides valuable guidance on when a business owner can be held personally responsible for a company’s debt. Under the Court’s decision in Extech Building Materials, Inc. v. […]
Commercial real estate trends in 2026 are being shaped by shifting economic conditions, technological innovation, and evolving tenant demands. As the market adjusts to changing interest rates, capital flows, and workplace models, investors, owners, tenants, and developers must understand how these trends are influencing opportunities and risk in the year ahead. Overall Outlook for Commercial […]
One Big Beautiful Bill: New Tip Income Tax Rules Employers & Workers Need to Know
Part 2 – Tips Excluded from Income Certain employees and independent contractors may be eligible to deduct tips from their income for tax years 2025 through 2028 under provisions included in the One Big Beautiful Bill. The deduction is capped at $25,000 per year and begins to phase out at $150,000 of modified adjusted gross […]
One Big Beautiful Bill: New Overtime Tax Rules Employers and Employees Need to Know
Part 1 – Overtime Pay and Income Tax Treatment Overview This Firm Insights post summarizes one provision of the “One Big Beautiful Bill” related to the tax treatment of overtime compensation and related employer wage reporting obligations. Overtime Pay and Employee Tax Treatment The Fair Labor Standards Act (FLSA) generally requires that overtime be paid […]
New York’s FAIR Business Practices Act: What the New Consumer Protection Measure Means for Your Business
In 2025, New York enacted one of the most consequential updates to its consumer protection framework in decades. The Fostering Affordability and Integrity through Reasonable Business Practices Act (FAIR Act) significantly expands the scope and strength of New York’s long-standing consumer protection statute, General Business Law § 349, and alters the compliance landscape for New York […]
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Sign up to get the latest from our attorneys!
Explore What Matters Most to You.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!
