Osborne v. Chapman

OPINION

TOMLJANOVICH, Justice.

This case presents the question of whether a negligent tenant is impliedly a “eo-insured” under an insurance policy held by the landlord which provides coverage for lost rents and, if so, whether such coverage bars an action by the landlord against the tenant for the lost rents. We also must consider whether the negligent tenant is liable for attorney fees incurred by the landlord in pursuing a claim against the insurer.

Appellants Randy and Carolyn Osborne decided to lease their Moorhead home on a trial basis. Respondent Richard Chapman agreed to rent the home…