LaSalle County Court Dismisses Landlord’s Claims Against Restaurant Tenant

Posted by Bradford S. Purcell | Nov 08, 2016 | 0Comments

R.J. VanSwol obtained the dismissal of a landlord's claims against its restaurant tenant for property damage allegedly resulting from a negligently caused fire. The landlord made a claim to his property insurer, which paid him for fire damage to the building. The court held that the landlord could not also bring a claim against the tenant for that damage because the lease did not unambiguously provide that the tenants would be responsible for damage resulting from negligently caused fires. Under Illinois law, it is presumed that the parties to a lease will look to the landlord's insurer to pay for such fire damage unless the lease clearly shows otherwise. Based on the terms of the lease, neither the landlord nor his insurer could have recovered against the tenant or its employees.

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