| ICSC Legal Database - Cases | Monday, February 22, 1999 05:01 PM |
| Citation: |
| Apol v. Shaw, (19 Fla. L. Weekly D930, 1994 WL 148312) (Flat Dist. Ct. App. 1994). |
| Issue: |
| Whether a tenant is required to indemnify the landlord for the landlord's own negligence where tenant fails to |
| name the landlord as an insured as required by the lease? |
| Facts: |
| Plaintiff, an employee of Pizza Hut of America, Inc. ("Pizza Hut"), was assaulted and stabbed after restaurant |
| hours. Plaintiff brought suit against the landlord for negligently failing to provide adequate lighting or security. |
| Under the lease, Pizza Hut was required to maintain liability insurance which named the landlord, Lem T. |
| Associates ("Lem T. "), as an insured. Because Pizza Hut did not include the landlord under the policy, Lem T. |
| filed a third party complaint seeking recovery for breach of the lease provision. The trial court held for Pizza Hut |
| reasoning that the lease provision was an agreement to indemnify. Under precedent, an agreement to indemnify |
| did not include indemnification of the indemnitee from his own negligence unless such intention is clearly |
| expressed. Lem T. appealed. |
| Holding: |
| Reversed and remanded. The lease provided a clear expression of the parties intention to indemnify the landlord |
| for his own negligent acts . The appellate court ruled that the only possible purpose of including landlord as an |
| insured would be to protect the landlord from damages caused by its own negligence. |
| Classification 1: |
| Landlord and Tenant |
| 00133 - Legal Update - Winter 1994 |
|
