Landlord Learns Importance of Specifying Primary vs. Excess Insurance in Contract

Palin Enterprise, Associated leased a portion of its commercial business to Agile Trade-Show Furnishings. In the lease agreement, Palin required Agile to procure a liability insurance policy but did not require the policy to be the primary liability coverage. When an Agile employee was injured using a freight elevator on the leased property, Agile’s insurance company Wausau declined to defend Palin because the policy provided excess insurance only. Find the details of the case here.