Ask an Expert

QUESTION

If a tenant breaches a warranty under a material damage policy which gives rise to a claim, will the landlords’ policy still respond?

Providing that the landlord has provided the tenant with a copy of the warranty and has done all they can to make sure it’s being followed.

What is the legal precedent?


Crossley Gates replies

Who are the insureds under the policy? If the tenant is not included then your client is okay as long as he/she hasn't breached the warranty.

If the tenant is an insured, then you need to see whether the insureds are covered jointly or severally (separately). 

If severally, the legal effect of this is that each insured has his/her own separate policy. Therefore a breach by one insured is not a breach by the other insureds (under their separate policies) unless they have separately breached also.



March 2021

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