“Florida Court Rules Tenant’s Insurance Payments Don’t Guarantee Coverage”

1. The Florida court ruled that a tenant’s payment of the landlord’s insurance premiums does not make the tenant a co-insured with the landlord.
2. The court allowed an insurance company to proceed with a $2.1 million negligence lawsuit against a tenant, even after covering the landlord’s losses from a fire.
3. The lease required the tenant to pay the landlord’s insurance premiums, but also stated that the tenant was responsible for property damage caused by its own negligence and must maintain its own insurance.
4. After a kitchen fire caused significant damage to the property, the insurance company sued the tenant for negligence. 1. The court ruled that the tenant was not insured under the landlord’s fire insurance policy, despite paying the premiums.
2. A dissenting judge disagreed with the decision, stating that other Florida appellate courts have held that an insurance company cannot bring an action in subrogation against a tenant for a fire loss covered by fire insurance for which the tenant pays the premiums.
3. The decision may lead to uncertainty in Florida law, and commercial tenants should seek legal counsel to understand and protect their rights in lease agreements regarding insurance coverage. 1. Zurich American Insurance Company v. Puccini, LLC, 2019 WL 454222, resulted in a legal decision.
2. The decision included a dissenting opinion by Judge Logue, who disagreed with the majority opinion.
3. The decision cited previous cases such as Continental Ins. Co. v. Kennerson and Underwriters of Lloyds of London v. Cape Publications, Inc.
4. The Second District Court of Appeal found that Florida law does not provide a remedy for a partner who is not biologically related to a child.

https://www.jnd-law.com/a-cautionary-tale-for-commercial-tenants/