428. Breach of covenant to insure.

Where a tenant covenants to insure and keep insured the demised premises, he must effect the insurance within a reasonable time. If the effecting of the insurance is delayed, the onus of showing that the delay is reasonable is on the tenant1.

Where there is a covenant to insure in the lease, it is a breach of covenant if any part of the premises is uninsured2, and if the insurance is not subsisting at any time during the term3. So long as there is a failure to keep the premises insured in accordance with the terms of the covenant, there