--- title: Can the Landlord’s Insurance Company Sue a Tenant? description: In Nebraska, there is a legal doctrine that prevents an insurance company in most cases from bringing a lawsuit against its own insured to recover money it paid out under the insurance policy. image: https://blog.goosmannlaw.com/hubfs/landlord%20tenant%20law.jpg --- [![Goosman Lawfirm](https://blog.goosmannlaw.com/hs-fs/hubfs/Goosmannlaw%20October2017/images/Goosmann_Law_Firm_logo_4C-white.png?width=1250&name=Goosmann_Law_Firm_logo_4C-white.png "Goosman Lawfirm")](http://goosmannlaw.com/) - [COVID-19 Toolbox](https://goosmannlaw.com/covid-19-resource-toolbox/) - Our Team - [Attorneys](https://goosmannlaw.com/attorneys/) - [Non-Attorney Staff](https://http://goosmannlaw.com/non-attorney-staff/) - Practices & Industries - [Practices](https://goosmannlaw.com/practices/) - [Banking & Finance](https://goosmannlaw.com/banking-finance/) - [Bankruptcy, Restructuring & Workouts](https://goosmannlaw.com/bankruptcy-restructuring-workouts/) - [Business](https://goosmannlaw.com/business/) - [Divorce & Family Law](https://goosmannlaw.com/divorce-family-law/) - [Employment](https://goosmannlaw.com/employment-law/) - [Environmental, Health & Safety](https://goosmannlaw.com/health-safety/) - [Estate Planning](https://trustlawcounsel.com) - [Gestational Surrogacy & Adoption](https://goosmannlaw.com/gestational-surrogacy-adoption/) - [International Law](http://goosmannlaw.com/international-law/) - [Litigation / Trial Law](https://goosmannlaw.com/litigation-trial-law/) - [Local Counsel](https://http://goosmannlaw.com/local-counsel/) - [Mergers & Acquisitions](https://goosmannlaw.com/mergers-acquisitions/) - [Rapid Response](https://goosmannlaw.com/rapid-response/) - [Industries](https://goosmannlaw.com/industries/) - [Agribusiness & Cooperatives](https://goosmannlaw.com/agribusiness-cooperatives/) - [Construction](https://goosmannlaw.com/construction/) - [Cyber Law and Telecommunications](https://goosmannlaw.com/cyber-law/) - [Education](https://goosmannlaw.com/education/) - [Health Care](https://goosmannlaw.com/health-care/) - [Manufacturing](https://goosmannlaw.com/manufacturing-law/) - [Multifamily Housing](https://goosmannlaw.com/multifamily-housing-law/) - [Non-Profit & Tax Exempt Organizations](https://goosmannlaw.com/non-profit-law/) - [Real Estate](https://goosmannlaw.com/real-estate/) - [Transportation](https://goosmannlaw.com/transportation/) - [Tribal](https://goosmannlaw.com/tribal/) - Our Firm - [Firm News](https://blog.goosmannlaw.com/firm-news) - Careers - [Attorneys](https://goosmannlaw.com/careers/attorneys/) - [Administration](https://goosmannlaw.com/careers/administration/) - [Internships](https://goosmannlaw.com/careers/internships/) - [Client Testimonials and Results](https://goosmannlaw.com/our-firm/client-testimonials-and-results/) - [Culture, Diversity, and Community](https://http://goosmannlaw.com/our-firm/culture-diversity-and-community/) - [Women-Owned Business](https://goosmannlaw.com/our-firm/women-owned-business/) - [Associations & Memberships](https://goosmannlaw.com/associations-memberships/) - [Firm History](https://goosmannlaw.com/firm-history/) - Blogs - [CEO Law Review](https://blog.goosmannlaw.com/ceo-on-your-side) - [Construction Lawyer](https://blog.goosmannlaw.com/construction-lawyer-on-your-side) - [Cyber Lawyer](https://blog.goosmannlaw.com/cyber-lawyer-on-your-side) - [Deal Maker](https://blog.goosmannlaw.com/deal-maker-on-your-side) - [Divorce Docket](https://blog.goosmannlaw.com/divorce-lawyer-on-your-side) - [Food for Thought](https://blog.goosmannlaw.com/agricultural-lawyer-on-your-side) - [HR Legal Insider](https://blog.goosmannlaw.com/human-resources-on-your-side) - [Law Doc](https://blog.goosmannlaw.com/health-lawyer-on-your-side) - [Paralegal Review](https://blog.goosmannlaw.com/paralegal-review/) - [Real Estate Lawyer](https://blog.goosmannlaw.com/real-estate-lawyer-on-your-side) - [Risky Business](https://blog.goosmannlaw.com/risk-manager-on-your-side) - [The Banker’s Suit](https://blog.goosmannlaw.com/banking-lawyer-on-you-side) - [Trial Law Review](https://blog.goosmannlaw.com/trial-lawyer-on-you-side) - [Trust Law Counsel](https://blog.goosmannlaw.com/estate-planning-laywer-on-your-side) - Resources - [COVID-19 Resource Toolbox](https://goosmannlaw.com/covid-19-resource-toolbox/) - [Podcast](http://podcast.goosmannlaw.com/) - [Videos](https://goosmannlaw.com/videos/) - [FREE eBooks & Tools](https://goosmannlaw.com/free-ebooks-tools/) - Contact Us - [Office Locations](https://goosmannlaw.com/locations/) - [Sioux City Law Firm](https://goosmannlaw.com/locations/sioux-city-law-firm/) - [Sioux Falls Law Firm](https://goosmannlaw.com/locations/sioux-falls-law-firm/) - [Omaha Law Firm](https://goosmannlaw.com/locations/omaha-law-firm/) - [Spirit Lake & Spencer Law Firms](https://goosmannlaw.com/locations/spirit-lake-and-spencer-law-firm/) - [Real Estate Closings Office](https://goosmannlaw.com/locations/real-estate-closing-office/) - [Submit a Testimonial](https://goosmannlaw.com/submit-a-testimonial/) - [Sign Up for Our Newsletter](https://goosmannlaw.com/sign-up-for-our-newsletter/) - [Pay Online](https://goosmannlaw.com/pay-online-3/) - [  (855) 843-4531](tel:855-843-4531) ![](https://blog.goosmannlaw.com/hubfs/Blog_Images/Lockbox%20Lawyer/close-button.png) [tel:855-THE-GLF1](tel:855-THE-GLF1) [Insurance](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/insurance) [Landlord](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/landlord) [Tenant](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/tenant) # [Can the Landlord’s Insurance Company Sue a Tenant?](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/can-the-landlords-insurance-company-sue-a-tenant) By [William Hale](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/author/william-hale)   |  25, August 2021 [READ NOW](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/can-the-landlords-insurance-company-sue-a-tenant) [Read Post](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/can-the-landlords-insurance-company-sue-a-tenant#article) [![](https://blog.goosmannlaw.com/hs-fs/hubfs/William%20Hale%20Headshot_Close.jpg?width=60&name=William%20Hale%20Headshot_Close.jpg)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/author/william-hale) [William Hale](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/author/william-hale)  Tags: [Insurance](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/insurance) [Landlord](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/landlord) [Tenant](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/tenant) In general, when a “Bad Guy” causes damage to your property and your own insurance company pays for it, that insurance company will often sue the Bad Guy to get their money back. That helps keep your rates lower, and helps to ensure the actual Bad Guy is paying for the damage he caused. But, that is not always the case when the Bad Guy is your tenant; unless you have very clear language about it in the lease agreement. In Nebraska, there is a legal doctrine that prevents an insurance company in most cases from bringing a lawsuit against its own insured to recover money it paid out under the insurance policy. Particularly regarding damage by a tenant to property owned by the landlord, the Nebraska courts have ruled that the landlord’s insurance company cannot sue the tenant for damage to the property caused by the tenant. (See *Tri-Par v. Sousa*, 269 Neb. 199 (2004)). In the *Tri-Par* case, the tenant caused a fire which burned the landlord’s home. The Nebraska Supreme Court ruled that the tenant was considered a “co-tenant” under the landlord’s fire insurance, and that the insurance company could therefore not bring a lawsuit against the tenant. The court gave several rationale, such as that the tenant was basically the one paying the premiums for the fire insurance, by paying his rent. In particular, the court said that the insurance company cannot sue the tenant unless there is an “express agreement” between the landlord and tenant. Basically, the lease agreement must be super-clear that that the tenant could be responsible and is not a co-insured with the landlord, thereby giving the tenant a chance to get their own insurance on the property. We should learn from the *Tri-Par* case that landlords should explicitly write into their lease agreements that the tenant is not a co-insured with the property owner on the property owner’s insurance policy. This will help shift the responsibility back to the Bad Guy for any damage to the property caused by the Bad Guy’s own negligence. If you are preparing a lease agreement or other contract, or if you have a dispute over such documents, contact the experienced attorneys at Goosmann Law Firm, PLC, in our Sioux City, Sioux Falls, and Omaha offices. ### Select Different CTA for each Post from Blog Editor [![New Call-to-action](https://no-cache.hubspot.com/cta/default/489404/a8cefc17-3b9d-4de0-89cd-e60a64752422.png)](https://cta-redirect.hubspot.com/cta/redirect/489404/a8cefc17-3b9d-4de0-89cd-e60a64752422) ### Subscribe Our Blog Thanks for submission!! - Recent - Popular ### Posts by Topic - [Litigation & Trial (141)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/litigation-trial) - [Litigation News and Insights (29)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/litigation-news-and-insights) - [Firm News (15)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/firm-news) - [Construction News and Insights (14)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/construction-news-and-insights) - [Business News and Insights (6)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/business-news-and-insights) - [trademark (6)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/trademark) - [COVID-19 (5)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/covid-19) - [CEO (4)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/ceo) - [Employment Litigation (4)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/employment-litigation) - [Intellectual Property (4)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/intellectual-property) - [Copyright Law (3)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/copyright-law) - [Depositions (3)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/depositions) - [Employment Law (3)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/employment-law) - [Lawsuit (3)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/lawsuit) - [Business Litigation (2)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/business-litigation) - [Confidentiality (2)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/confidentiality) - [Divorce & Family Law (2)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/divorce-family-law) - [Federal Rules (2)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/federal-rules) - [Filing a Lawsuit (2)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/filing-a-lawsuit) - [Insurance (2)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/insurance) - [Mediation (2)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/mediation) - [Starting A Lawsuit (2)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/starting-a-lawsuit) - [Transportation (2)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/transportation) - [Agriculture (1)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/agriculture) - [Arbitration (1)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/arbitration) - [Attorney Client Privilege (1)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/attorney-client-privilege) - [Barratry (1)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/barratry) - [Business Law (1)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/business-law) - [Comparative Negligence (1)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/comparative-negligence) - [Construction (1)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/construction) - [Construction Law (1)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/construction-law) - [Corporate Law (1)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/corporate-law) - [Disputes (1)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/disputes) - [Document Production and Document Retention (1)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/document-production-and-document-retention) - [EEOC (1)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/eeoc) - [Email (1)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/email) - [Employment News and Insights (1)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/employment-news-and-insights) - [Expert Testimony (1)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/expert-testimony) - [Female Attorney (1)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/female-attorney) - [HR Legal Insider (1)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/hr-legal-insider) - [Holiday Lawsuits (1)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/holiday-lawsuits) - [Holiday Season (1)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/holiday-season) - [Human Resources (1)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/human-resources) - [Iowa Consumer Credit Code (1)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/iowa-consumer-credit-code) - [Landlord (1)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/landlord) - [Lawsuits (1)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/lawsuits) - [Legal Fees (1)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/legal-fees) - [Liability (1)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/liability) - [Markman Hearing (1)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/markman-hearing) - [Non-Compete (1)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/non-compete) - [Omaha Attorney (1)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/omaha-attorney) - [Personal Jurisdiction Law (1)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/personal-jurisdiction-law) - [Property Damage (1)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/property-damage) - [Real Estate News and Insights (1)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/real-estate-news-and-insights) - [Respondeat Superior (1)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/respondeat-superior) - [Sioux Falls Law Firm (1)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/sioux-falls-law-firm) - [Social Media (1)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/social-media) - [Subpoenas (1)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/subpoenas) - [Summary Judgement (1)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/summary-judgement) - [Summons (1)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/summons) - [Tenant (1)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/tenant) - [Trade Secrets (1)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/trade-secrets) - [Trust Law Counsel (1)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/trust-law-counsel) - [copyright (1)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/copyright) - [patent law (1)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/patent-law) - [settlement (1)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/settlement) DISCLAIMER: The information in this blog post (“post”) is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. By visiting this website, blog, or post you understand that there is no attorney client relationship between you and the Goosmann Law Firm attorneys and website publisher. No information contained in this post should be construed as legal advice from Goosmann Law Firm, PLC, or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through, this Post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction. #### Let Us Know What You Thought about this Post. Put your Comment Below. [Previous Post](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/keep-it-simple-making-complex-litigation-understandable-for-a-jury) ##### [Keep it Simple:  Making Complex Litigation Understandable For a Jury](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/keep-it-simple-making-complex-litigation-understandable-for-a-jury) [Next Post](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/what-is-a-barratry-claim-in-south-dakota) ##### [What is a Barratry Claim In South Dakota?](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/what-is-a-barratry-claim-in-south-dakota) ### Contact Info **Sioux City Location** P. 712-226-4000 F. (712) 224-4517 **Sioux Falls Location** P. (605) 371-2000 F. (605) 275-2039 **Omaha Location** P. (402) 280-7648 F. (402) 505-3967 --- [Disclaimer](http://goosmannlaw.com/list-all-blogs/disclaimer/) | [Privacy Policy](http://goosmannlaw.com/privacy-policy/) ### Locations **Sioux City Location** 410 5th Street Sioux City, IA 51101 **Sioux Falls Location** 5010 S. Minnesota Avenue, Suite 100 Sioux Falls, SD 57108 **Omaha Location** Advent Building 17838 Burke Street, Suite 250 Omaha, NE 68118 ![Goosmann](https://blog.goosmannlaw.com/hs-fs/hubfs/Blog_Images/Lockbox%20Lawyer/goosmann-white.png?width=250&name=goosmann-white.png "Goosmann") Goosmann Law Firm is a FULL SERVICE LAW FIRM with locations in Sioux City, Iowa, Sioux Falls, South Dakota, and Omaha, Nebraska. Goosmann Law attorneys are licensed to practice in Iowa, Nebraska, South Dakota, and North Dakota. Their attorney team's practices and industries include but are not limited to Agribusiness and Cooperatives, Banking and Finance, Bankruptcy, Restructuring and Workouts, Business, Construction, Cyber Law and Telecommunications, Divorce and Family Law, Education, Employment, Environmental Health and Safety, Gestational Surrogacy and Adoption, Health Care, Litigation and Trial Law, Manufacturing, Mergers and Acquisitions, Municipal, Nonprofit and Tax Exempt Organizations, Real Estate, and Transportation, Tribal, Wills, Trusts, Estate Planning, and Probate Law. Goosmann © Copyright 2017