A“Waiver of Subrogation” is a common provision found in most self-storage rental agreements. It involves the subrogation rights of an insurance company as to whether it may
assert an action against a party who causes the harm for which the insurance company is required to pay its insured. Typically, if a tenant is damaged by a landlord’s action and the tenant’s insurance company pays on that claim, the tenant’s insurance company has the right to “step into the shoes” of the tenant, its insured, and pursue a claim against the landlord to recover what it paid the tenant on its claim.
By Scott Zucker