Risk allocation issues in commercial leases

Alan M. Di Sciullo

Corporate Real Estate Journal, 2011, vol. 1, issue 2, 148-155

Abstract: This paper discusses the issues and challenges when addressing casualty and insurance issues in a com-mercial lease. It tries to draw readers to use a ‘hub and spokes’ method in negotiating these clauses by tying them together into a cohesive negotiation. It also discusses the steps in developing a ‘no fault’ indemnification scheme for handling allocation of risks in insurance and avoiding subrogation claims following a casualty. In a related but slightly different topic than the more technical dis-cussion of casualty and insurance issues discussed beforehand, the author also updates readers on recent de-velopments in US federal legislation that provide a ‘backstop’ for insurers and underwriters to address the deep strain on these industries’ assets following a catastrophic event such as the Septem-ber 11th attacks.

Keywords: casualty; insurance; ‘hub and spokes’; ‘no fault’ indemnification; Terrorism Risk Insurance Program Reauthorization Act 2007 (search for similar items in EconPapers)
JEL-codes: R3 (search for similar items in EconPapers)
Date: 2011
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Persistent link: https://EconPapers.repec.org/RePEc:aza:crej00:y:2011:v:1:i:2:p:148-155

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