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Many buildings policies do not cover plate glass. Accordingly, it may be
necessary for T to take out a separate policy to cover the plate glass.
In practice, a lot of time can be spent arguing over plate glass insurance
and whether T should be provided with a letter of waiver (excluding T
from having to comply with an obligation to insure plate glass), and
provide a copy of the policy to L. Often this is a waste of time; plate
glass is usually part of the demise to T and covered by T’s repairing
liability. L’s insurance policy for the building will normally exclude plate
glass and it should therefore be up to T to decide whether or not he
wishes to insure the plate glass separately (ie there should be no need
for a specific clause – it is just part of T’s ongoing and general liability). But, if the building contains a glass frontage then thought should be
given as to who is liable for the insurance and whether the plate glass
is actually part of the ‘structure’. If it is part of the ‘structure’ and T has
taken a lease of part, then repair of the plate glass is likely to fall on L
via the service charge (and L will then be liable for its insurance). [2007]
201 Property Law Journal 16. © Practical Lawyer
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