Legal Question in Insurance Law in California
my company leases out space and we subletting as well. Should an accident occur in the offices that I sublet or in the common areas that my company manages, who is liable?
Do my tenants need insurance in case one of their clients fall or has some type of accident?
4 Answers from Attorneys
Doesn't your company have liability insurance? Don't you contractually require your tenants to have liability insurance??
You should always require commercial tenants to have insurance.
You should also have every subtenant agreement include provisions that incorporate the master lease by incorporation, preferably attaching a copy as an exhibit, and that state that the subtenant will be bound by and abide by all the applicable terms of the master lease.
In addition to the other lawyers' suggestions, a landlord should always require that its tenants have full coverage (with specified minimums) with the landlord named as an additional insured. Always obtain a copy of the tenant's complete policy with such an endorsement, don't accept the broker's certificate. This is in addition to your own insurance on your property, as well as your own insurance as a sublessee.
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