Southern Trust Insurance v. Center Developers, Inc.

I concur in certain portions of the majority’s judgment, but for different reasons. I respectfully dissent as to other portions of the ma*223jority opinion.

1. I agree with the majority’s holding in Division 3, albeit for a different reason: Glazer v. Crescent Wallcoverings, 215 Ga. App. 492 (451 SE2d 509) (1994), is inapplicable to the May Company claim; and summary judgment was therefore inappropriate as to the May Company.

The “loss and damage” clause in the May Company lease provides that “subject to the provisions of Section 11.3 [the ‘waiver of subrogation’ clause], tenant covenants and…