Cheryl Shoun | Nexsen Pruet | June 11, 2019 It is well established that policies of insurance are contracts, subject to basic contract law. While parties are generally permitted to contract as they wish, such privilege is not absolute in the context of insurance; required coverage may not be omitted. Rather, statutory obligations relating to… Continue reading Insurance Policies: Where Is the Proper Balance Between Limitation of Liability and Adherence to Public Policy
Tag: Limitation of Liability
Montana Supreme Court Holds that a Waiver of Consequential Damages and a Partial Limitation of Liability in a Design Contract are not Contrary to Montana Law
Emily D. Anderson | Constructlaw | November 30, 2017 Zirkelbach Constr., Inc. v. DOWL, LLC, 2017 Mont. Lexis 591 (Mont., Sept. 26, 2017) In interpreting a state statute which makes contractual limitations on a party’s liability unenforceable in certain instances, the Supreme Court of Montana recently upheld the validity of a contract provision in a… Continue reading Montana Supreme Court Holds that a Waiver of Consequential Damages and a Partial Limitation of Liability in a Design Contract are not Contrary to Montana Law
Preventing Limitation of Liability End-Runs
Ralph A. Finizio, Robert A. Gallagher and Jane Fox Lehman | Pepper Hamilton LLP | July 26, 2016 Owners who are dissatisfied with their contractors’ performance increasingly assert fraud-based claims in addition to breach of contract claims because fraud-based claims are not typically barred by contractual waivers and limits of liability. Fraud-based claims may also… Continue reading Preventing Limitation of Liability End-Runs
Washington Supreme Court Permits $1.5m Damages Claim to Proceed Against Engineering Firm Under “Independent Duty Doctrine”
Clayton Graham – March 13, 2014 In a recent decision decided on a narrow 5-to-4 vote, the Washington Supreme Court declined to bar a couple’s negligence claims against an engineering firm based on a contractual limitation of liability, permitting the couple to continue pursuing their damages claims in King County Superior Court. The parties to… Continue reading Washington Supreme Court Permits $1.5m Damages Claim to Proceed Against Engineering Firm Under “Independent Duty Doctrine”