Insurance impacts many aspects of the landlord-tenant relationship, including not only lease provisions prescribing specific insurance coverages, but also lease provisions relating to indemnity, restoration of the premises following a casualty, waivers of subrogation, self-insurance and even provisions relating to when abatement of rent occurs. A properly negotiated lease will treat all of these areas in a consistent manner, allocating risk in accordance with available insurance. What makes this area difficult for lawyers is the interface between legal liability and the technical aspects of insurance terminology and coverages. To further the problem, the insurance industry periodically revises its terminology and coverages, so the lease clause that was fine five years ago may be filled with incorrect or outmoded language.
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