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Risk allocation issues in commercial leases

Author

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  • Di Sciullo, Alan M.

Abstract

This paper discusses the issues and challenges when addressing casualty and insurance issues in a com-mercial lease. It tries to draw readers to use a ‘hub and spokes’ method in negotiating these clauses by tying them together into a cohesive negotiation. It also discusses the steps in developing a ‘no fault’ indemnification scheme for handling allocation of risks in insurance and avoiding subrogation claims following a casualty. In a related but slightly different topic than the more technical dis-cussion of casualty and insurance issues discussed beforehand, the author also updates readers on recent de-velopments in US federal legislation that provide a ‘backstop’ for insurers and underwriters to address the deep strain on these industries’ assets following a catastrophic event such as the Septem-ber 11th attacks.

Suggested Citation

  • Di Sciullo, Alan M., 2011. "Risk allocation issues in commercial leases," Corporate Real Estate Journal, Henry Stewart Publications, vol. 1(2), pages 148-155, January.
    • Handle: RePEc:aza:crej00:y:2011:v:1:i:2:p:148-155
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    More about this item

    Keywords

    casualty; insurance; ‘hub and spokes’; ‘no fault’ indemnification; Terrorism Risk Insurance Program Reauthorization Act 2007;
    All these keywords.

    JEL classification:

    • R3 - Urban, Rural, Regional, Real Estate, and Transportation Economics - - Real Estate Markets, Spatial Production Analysis, and Firm Location

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