X Rated tenants; protecting landlords

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In this IIL property investors lecture Toby Rogers considered some of the pressure points that arise in relation to policy coverage under property owners' policies. This was illustrated by reference to real claims examples and example wordings.

Property owners' policies range from a single-risk policy bought by a buy-to-let investor to policies covering a schedule of hundreds of policies owned by large institutional investors. Toby explored some of the common issues that can arise in relation to policy coverage including:

• Non-invalidation clauses and the protection afforded against breaches of policy terms by the tenants
• Damage by tenants and whether cover is available - a common example being illicit cannabis factories
• Disclosure issues surrounding the tenants' trades - what does the reasonable search as mandated by the Insurance Act actually require?
• Noting of interests v. joint names and the implications of the decision in Green v 180 Archway Road Management Co
• Implications of the Insurance Act and the proportionate remedy for multi-location policies

By the end of this lecture members would have gained an insight into:

• Important clauses to look out for in property owners' policies and how these operate in practice
• How to mitigate the risk of an unexpected shortfall or failure of cover

Speakers Bio:
Toby's practice has a particular focus on complex policy coverage and business interruption advice. The subject matter ranges from small businesses up to multi-national companies. He recently assisted with the latest edition of Riley on Business Interruption and takes an active interest in industry developments. Toby also specialises in complex subrogated recoveries on behalf of insurers arising out of large property losses. He has a track record of significant recoveries against architects, engineers, surveyors and contractors as well as the manufacturers of dangerous products and enjoys the technical as well as the legal aspects of these claims.

Chair:
Simon Jones, Director, Quadra Claims Services Limited.

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