Subrogation Clause?
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Subrogation Clause? (by CJ [MO]) Jan 7, 2018 10:05 AM
       Subrogation Clause? (by NC INVESTOR [NC]) Jan 7, 2018 12:35 PM
       Subrogation Clause? (by Nellie [ME]) Jan 7, 2018 2:13 PM
       Subrogation Clause? (by Mike45 [NV]) Jan 9, 2018 11:13 AM
       Subrogation Clause? (by Nicole [PA]) Jan 9, 2018 12:02 PM

Subrogation Clause? (by CJ [MO]) Posted on: Jan 7, 2018 10:05 AM

Just heard this clause today. Can other landlord share what it is and how should we put in the lease?

Subrogation Clause? (by NC INVESTOR [NC]) Posted on: Jan 7, 2018 12:35 PM

It is my understanding that it is generally used in commercial leases where the tenant waives the right to sue in the event of damage to their property. However, there was a case this past year where a Federal District court ruled that the insured do not have the right to waive subrogation since that right actually belongs to the insurer.

Our lease has a standard release clause that prohibits tenants from suing us for damage to their personal belongings or for injury unless the damage/injury is the result of intentional or negligence acts of the LL.

I've yet to see any tenant ever read that clause...or any other for that matter.


Subrogation Clause? (by Nellie [ME]) Posted on: Jan 7, 2018 2:13 PM

In insurance it means that if you go to your doctor with an injury your health insurance wants to know if the injury was because of a car accident or an on the job injury. So the car insurance or workers comp pays the medical bill. Subrogation.


Subrogation Clause? (by Mike45 [NV]) Posted on: Jan 9, 2018 11:13 AM

"Subrogation" means to stand in the shoes of another. If your insurance company has a subrogation clause in your insurance policy, and the insurance pays you on a claim, the insurance company then has the right to sue the other party as if the insurance company was you. By paying your claim, the insurance company essentially bought your claim (in whole or in part).

Subrogation Clause? (by Nicole [PA]) Posted on: Jan 9, 2018 12:02 PM

CJ, you've asked other times about lease clauses.

Go to a lawyer and have a lease drawn up specific to your state. Or, find a local/regional landlord association that has a prepared, standard lease. Should you ever need one of those funny, odd little, seldom used clauses we all have, you want to be certain it is going to be valid in your jurisdiction.

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