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LazyLion
King of de Jungle
- Joined
- Mar 17, 2005
- Messages
- 105,603
So we rent business premises in another city apart from our Head Office.
Thieves broke in and damaged the plate glass window and burglar bars.
Landlord says we are liable to pay for the damage to the window and burglar bars.
There is a clause in our lease agreement which says we are to hold an insurance policy to cover windows (doesn't mention burglar bars). See pic below.
Now our insurance company says, yes they are aware of that clause, but that clause is to cover us where we ourselves cause the damage - not where a third party causes the damage. If damage is caused by a third party, then the landlord's insurance must cover.
So our insurance will not cover: (1) Damage is not caused by their insured party and (2) The property does not belong to their insured party = They have no insurable interest here.
But Landlord insists that the clause means we are liable. He keeps on going on about how that clause exists in all rental policies (which we don't dispute). What we dispute is the conditions under which the clause applies.
An insurance company has to have an insurable interest. They are not going to cover somebody else's property out of the goodness of their heart. If their is no fault and no ownership, then they are not involved.
Anyway, we told the landlord we would pay for the window and burglar bars to the tune of R4,350.00 but he insists on arguing this point with us. Says we know nothing about renting and insurance.
Thieves broke in and damaged the plate glass window and burglar bars.
Landlord says we are liable to pay for the damage to the window and burglar bars.
There is a clause in our lease agreement which says we are to hold an insurance policy to cover windows (doesn't mention burglar bars). See pic below.
Now our insurance company says, yes they are aware of that clause, but that clause is to cover us where we ourselves cause the damage - not where a third party causes the damage. If damage is caused by a third party, then the landlord's insurance must cover.
So our insurance will not cover: (1) Damage is not caused by their insured party and (2) The property does not belong to their insured party = They have no insurable interest here.
But Landlord insists that the clause means we are liable. He keeps on going on about how that clause exists in all rental policies (which we don't dispute). What we dispute is the conditions under which the clause applies.
An insurance company has to have an insurable interest. They are not going to cover somebody else's property out of the goodness of their heart. If their is no fault and no ownership, then they are not involved.
Anyway, we told the landlord we would pay for the window and burglar bars to the tune of R4,350.00 but he insists on arguing this point with us. Says we know nothing about renting and insurance.
