Copyright (c) 2006 Ballard Spahr Andrews & Ingersoll, LLP. All Rights Reserved.
By Richard R. Goldberg, Esquire
"We will send that to the Insurance Department." "Let's let the brokers discuss the insurance." These comments comprise the typical discussion when it comes time to analyze the insurance provisions in commercial loan documents and other transactions. Yet the risk managers and brokers frequently do not have the requisite expertise to analyze the interrelationship of the various aspects of insurance and coverage with the loan which is the subject of the insurance and the related transaction documents.
It is the role of the attorney to reconcile those inconsistencies and to demand that the adequate and correct documentation be provided by the parties. Appropriate steps must be taken to reconcile the realities of the insurance agreements with the lease documents, loan documents, and other documents which affect them.
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