Alwood v. Commercial Union Assurance Co.

Felton, Chief Judge.

The lease involved in this case provided: “The landlord shall not be required to make any improvements upon said property, nor to make any repairs upon any improvements that may be erected upon said property by the tenant.” There was no provision in the lease requiring *798either the landlord or the tenant to replace or repair the property leased in the event of damage by fire or otherwise. The tenant restored the premises without the knowledge or consent of the landlord. The contention of the insurance company is that the insurance policy is a contract of indemnity, that the…