Tenant negligence¶
Domain guide, Property subrogation, theory 3.4
The theory¶
A tenant's conduct caused damage to the landlord insured's building: an unattended stove, a frozen pipe, an unreported leak.
Who must be on the roster¶
tenant.
Facts that establish it¶
tenant_conduct_described(required).cause_attribution_to_partycorroborates. Tenant conduct alone is not attribution.
What defeats it¶
- A lease waiver (
lease_subrogation_waiver) or a contract waiver (waiver_of_subrogation_present): both bar a tenant target under the waiver scope record. Read the lease first. - The implied co-insured doctrine in some states, under which a tenant is treated as an insured under the landlord's policy and cannot be subrogated against. An adjuster verification today; a structured
tenant_co_insured_ruleis pending. - The tenant being an insured or additional insured under the policy: a routine condition on every tenant target.
Recovery channel¶
- Demand letter to the tenant or the tenant's renters or liability carrier.
What the carrier does¶
- Obtain the lease and read the insurance and waiver clauses first.
- Obtain the tenant's carrier.
- Take statements.
- Preserve the appliance or fixture involved.
A claim that fits¶
The insured owns a four-unit building. The second-floor tenant, Amber Cole, left for a two-week trip in January with the unit's heat off; a supply pipe froze and burst, flooding two units below. The lease requires the tenant to maintain heat and contains no waiver of subrogation. Cole carries a renters policy.
How the engine reads itTenant on the roster; tenant_conduct_described stated; lease waiver and contract waiver both not stated after the lease and policy were checked, so neither defense fires. Tenant negligence confirmed, refer, demand letter to the renters carrier, with a routine condition to confirm Cole is not an insured under the landlord's policy.
Records behind it¶
Theory record PROP-SUBRO-THEORY-004 Defenses PROP-SUBRO-DEF-001, PROP-SUBRO-DEF-002, PROP-SUBRO-DEF-004 Waiver scope SUBRO-WAIVER-SCOPE-v1