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Can my landlord require me to carry 5 times the average

Customer Question
amount of liquor liability insurance?...
Can my landlord require me to carry 5 times the average amount of liquor liability insurance?
Submitted: 2 years ago.Category: Landlord-Tenant
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Answered in 6 minutes by:
2/22/2016
Lawyer: Ely, Counselor at Law replied 2 years ago
Ely
Ely, Counselor at Law
Category: Landlord-Tenant
Satisfied Customers: 103,582
Experience: Attorney
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Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Have you already rented, OR, this is still in negotiation?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

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Customer reply replied 2 years ago
I have already rented. I have been in the space for 5 years and the landlord has accepted my insurance of $1,000,000 of liquor liability with another $2,000,000 in umbrella insurance that can be applied to liquor liability for the entire 5 years. Now they want me to have $5,000,000 in liquor liability alone. It says $5,000,000 in the lease but they have never required it in the past because the underwriters say it is an excessive amount for my business.
Lawyer: Ely, Counselor at Law replied 2 years ago

Thank you. I am afraid I have some bad news.

1) Just because it is not standard or may be excessive does not mean that the clause would be voided. It is in the contract and signed by both parties. You agreed to it.

2) Just because they have not required it in the past does not mean that they cannot now. Unless you have proof that they decided never to demand this clause be enforced in writing, then they can decide to enforce the clause now.

So yes, if it is in the contract, they can enforce it. Even if they have not in the past, and even if it is a bit excessive for the business.

Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty.

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Lawyer: Ely, Counselor at Law replied 2 years ago
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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