News & Analysis as of

Commercial Leases Property Insurance

Lowndes

Common Area Maintenance and Operating Expenses in Commercial Leases: What Should and Should Not Be Included?

Lowndes on

In commercial leases, "operating expenses" (often referred to as OPEX, CAM or Common Area Maintenance) generally cover the costs associated with the daily operation, maintenance, and repair of the property. In addition to...more

Mayer Brown

Service Charge Obligations Do Not Include a Duty to Pay Inflated Insurance Commissions (Updated)

Mayer Brown on

This reverberations from London Trocadero (2015) LLP v Picturehouse Cinemas Limited  [2025] EWHC 1247 (Ch) will be felt throughout the commercial property industry, and we predict it will contribute to a much needed...more

K&L Gates LLP

Landlords Compelled to Hand Over Insurance Commissions to Tenants

K&L Gates LLP on

Summary - The English High Court has ruled in the case of London Trocadero (2015) LLP v Picturehouse Cinemas Ltd and others,1 that a landlord responsible for insuring leased premises cannot charge tenants for landlord...more

Mayer Brown

Service Charge Obligations Do Not Include a Duty to Pay Inflated Insurance Commissions

Mayer Brown on

The reverberations from London Trocadero (2015) LLP v Picturehouse Cinemas Limited  [2025] EWHC 1247 (Ch) will be felt throughout the commercial property industry, and we predict it will contribute to a much needed...more

Lowndes

What Landlords and Tenants Need to Know This Hurricane Season - June 2025

Lowndes on

Hurricane season is officially underway, and the National Oceanic and Atmospheric Administration (NOAA) is predicting an above-normal season. Hurricane season runs from June 1 to November 30, and the agency is estimating...more

Stoel Rives LLP

When Disaster Strikes: Navigating Damage Provisions In Commercial Leases

Stoel Rives LLP on

Commercial leases are full of provisions that can each have a significant impact on a tenant’s business operations. When negotiating, it may be tempting to focus more on provisions that seem the most critical, and less on...more

International Lawyers Network

Buying and Selling Real Estate in Scotland (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER SCOTTISH LAW - 1. Introduction - This guide applies to real estate in Scotland only. 2. Tenure - Real estate, both commercial and residential in Scotland may be...more

International Lawyers Network

Buying and Selling Real Estate in Scotland (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER SCOTTISH LAW - 1. Introduction - This guide applies to real estate in Scotland only. 2. Tenure - Real estate, both commercial and residential in Scotland may be either of...more

Winstead PC

The Great Texas Freeze: Insurance Policies May Leave Landlords Out in the Cold

Winstead PC on

The historic February 13-17, 2021, winter storm caused billions of dollars in property damage across the state of Texas. Extreme low temperatures, heavy snow and ice storms and widespread power outages led to broken pipes and...more

Shutts & Bowen LLP

How Big Changes Coming to Flood Insurance Will Affect Commercial Property in Florida

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The Federal Emergency Management Agency (FEMA) administers the National Flood Insurance Program (NFIP). The NFIP offers insurance coverage for physical losses to buildings and/or contents caused by a flood. Over the years,...more

White and Williams LLP

Commercial Tenant’s Subrogating Insurer Barred by Lease Terms from Pursuing Landlord

White and Williams LLP on

In Travelers Indem. Co. of Am. v. Schwarz Props., L.L.C., 2020 U.S. Dist. LEXIS 18176, the United States District Court for the Western District of North Carolina considered whether the lease between a commercial tenant and...more

McManis Faulkner

6 Key Things to Consider When Leasing Commercial Property

McManis Faulkner on

Leasing commercial space differs from renting a home. Whether you need office, retail, or industrial buildings for your business, commercial properties have their own unique issues, which must be addressed early on. A proper...more

International Lawyers Network

Buying and Selling Real Estate in Scotland

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER SCOTTISH LAW - 1. Introduction This guide applies to real estate in Scotland only. 2. Tenure Real estate, both commercial and residential in Scotland may be either of the...more

White and Williams LLP

Indiana Court of Appeals Holds That Lease Terms Bar Landlord’s Carrier From Subrogating Against Commercial Tenant

White and Williams LLP on

In Youell v. Cincinnati Ins. Co., 2018 Ind. App. LEXIS 497 (2018), the Court of Appeals of Indiana considered whether a landlord’s carrier could bring a subrogation claim against a commercial tenant for fire-related damages...more

White and Williams LLP

Connecticut Supreme Court Holds That Landlord’s Insurer Can Pursue Equitable Subrogation If Lease Requires Tenant Have Insurance...

In Amica Mutual Insurance Company v. Muldowney, 328 Conn. 428 (2018), the Connecticut Supreme Court considered whether a landlord’s insurance carrier could subrogate against the landlord’s tenants for property damage when the...more

Gray Reed

Commercial Leases Underwater from Harvey

Gray Reed on

Because of Hurricane Harvey, oil and gas production company Gonzales Energy and its owner Paunscho are treading water. Rising hurricane flood waters destroyed his files, water-logged his computers and ruined office equipment...more

Snell & Wilmer

Serial Plaintiffs Are Filing Waves of Disability Cases

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Hotels, restaurants and retail establishments have been flooded with new lawsuits filed by serial plaintiffs that allege that a property (a place of public accommodation) is in violation of Title III of the Americans with...more

Pullman & Comley, LLC

Appellate Court Notes

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Appellate Court Advance Release Opinions - AC36506 - Sidorova v. East Lyme Board of Education - Due to budget cuts, the Board of Education laid off the plaintiff who was a tenured French teacher. She sued for...more

Carlton Fields

Real Property, Financial Services & Title Insurance Update: Weeks Ending January 16 & 23,2015

Carlton Fields on

REAL PROPERTY UPDATE - Commercial Lease/Cotenancy Provisions: whether cotenancy provision in lease for retail space in shopping center, which requires other particular store(s) in shopping center to remain occupied by...more

Benesch

Landmarks - Winter 2015

Benesch on

In This Issue: - Crowdfunding — What It Is, What to Watch - Spotlight on Insurance: Know the Risks Involved with the Protective Safeguards Endorsement - Reinvestment In Leased Retail Space — Top 10 Legal...more

Pullman & Comley, LLC

Appellate Court Notes

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AC35802 - Estate of Haburey v. Winchester - Widow was allowed to claim spousal benefits for deceased employee who worked at municipal sewage treatment facility. Commissioner could have properly found that exposure to...more

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