You will see below are sample “additional named insured” clauses, drafted separately for commercial and residential tenancies. The wording reflects how Courts and insurers actually interpret “additional insured coverage” and …
Waivers of Subrogation: Sample Lease Clauses
Waivers of subrogation are one of the most effective and least controversial—risk-allocation tools available to Landlords and Tenants. Unlike “additional insured” provisions, waivers work by keeping insured losses with the …
Waivers of Subrogation in Ontario Leases
When disputes arise between Landlords and Tenants after a loss, the fight is rarely between the people who signed the lease. It’s between insurers, armed with subrogation rights. Unlike additional …
“Additional Named Insureds” in Ontario Leases
Landlords often ask a deceptively simple question: “Why don’t I just require the tenant to name me as an additional insured on their policy?” In commercial leasing, that question usually …
Title Insurance and the Right of Subrogation
Question: In Ontario, is there a preclusion in the Title Insurance policy with respect to the insurer’s right of subrogation? Answer: In Ontario, there generally is no automatic statutory preclusion in a title insurance …
Plumbing Disclosure and Insurance Risks
When a property is being sold, one of the often-overlooked issues is the type of plumbing in the home. Some older homes still contain galvanized steel, lead, or polybutylene (often …
The Relationship Between Insured and Insurer
The relationship between an insured, the policyholder, and an insurer, the insurance company, is contractual, governed by the terms of the insurance policy. However, unlike most contracts, this relationship is …
Disclosure of Insurance Claim and Rectification of Property
Question: Under TRESA if a property had a significant insurance claim but everything was fully repaired and there have been no issues since, this does not need to be disclosed …
Protect Your Client’s Deposits
Pro-rata Division of Deposit Funds The limit for a deposit to qualify for 100% coverage is $200,000.00. So, if your deposit exceeds that amount consider other alternatives. The overall limit …
Death in a Pool: Disclosure
Question: Death in a pool – Technically not in the house but on the property. Does it need to be disclosed if it was not asked? Answer: Generally, the answer …