Is a tenant protected against subrogation under a lease that requires a landlord to obtain insurance?
Alberta, Canada
The following excerpt is from Alberta Importers and Distributors (1993) Inc. v. Phoenix Marble Ltd., 2006 ABQB 854 (CanLII):
There is strong authority that where a lease contains an express covenant requiring a landlord to obtain insurance, the tenant is protected against subrogation unless a contrary explanation can be found in the lease. See for example T. Eaton Company v. Smith et al, 1977 CanLII 39 (SCC), [1978] 2 S.C.R. 749.
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