Landlord Liable for Tenant's Loss Despite Insurance Requirement

FAIRFAX, Va. - A Virginia appeals court has affirmed judgment for a commercial tenant that sued its landlord for extensive water damage from a roof leak, holding that a clause mandating that the tenant obtain insurance did not absolve the landlord from all responsibility. Landmark HHH, LLC v. Gi Hwa Park, No. 072365 (Va. Sup. Ct.).

The Virginia Supreme Court said in its Jan. 16 opinion affirming a $298,762.56 judgment for clothing retailer Gi Hwa Park that if Landmark HHH LLC wanted to avoid all liability it would have had to clearly express that intent in the lease.

Park signed …