Insurance Procurement Clause Doesn't Trump Indemnification Provisions

Most commercial leases contain an indemnification clause specifying whether and for what amount of money a tenant and owner must indemnify one another when they are sued. A lease may also include an insurance procurement clause that requires the owner and tenant to insure specific areas of the property. However, an owner may argue that, regardless of the terms in the indemnification clause, it is not required to indemnify its tenant for accidents that occur in the areas the tenant is responsible for insuring.

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