Should an Illinois Tenant Get the Benefit of the Landlord's Insurance?

This article examines whether a landlord's insurance coverage should extend to cover his or her tenant's personal property from loss or damage caused by the tenant's negligence. Although the courts are divided on whether to allow the landlord's insurer to recover from the tenant through the insurance contract's subrogation clause, the author argues careful and thoughtful lease drafting can avoid or eliminate liability issues between the landlord and tenant. Such drafting gives the courts a clearer picture of the exact relationship between the parties and who should bear the risks involved under a given set of circumstances.