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Recent Cases Impacting Property Owners

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Insurance

A recent case decided in Pennsylvania may have significant impact on the interpretation of landlord-tenant contracts in the future. In the case of Joella v. Cole, the Superior Court of Pennsylvania decided that a tenant, who had caused a fire, was an “implied co-insured” under the building owner’s insurance policy. Since the tenant was considered a “co-insured” party, the insurance carrier could not maintain a subrogation action against the tenant for the cost of repairs. In this case, the Court reached its decision because the language in the lease stated that the landlord was responsible for “insurance