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Summary Judgment Limitation of Liability Clause

Rivkin Radler LLP

New York Insurance Coverage Law Update - January 30 2023

Rivkin Radler LLP on

Southern District Refuses To Use Extrinsic Evidence “Bound Up With Merits” Of Underlying Action To Defeat Duty To Defend- 622 Third Avenue LLC filed a declaratory judgment action against Harleysville Worcester Insurance...more

Snell & Wilmer

Exceptions to the Enforceability of Limitation of Liability Clauses

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A common feature of some contracts, including construction and design contracts, is a limitation of liability clause that limits or "caps" the amount of potential damages a party faces in the event of a breach. Although...more

Troutman Pepper

Montana Supreme Court Holds That A Waiver Of Consequential Damages And A Partial Limitation Of Liability In A Design Contract Are...

Troutman Pepper on

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...more

Carlton Fields

Reinsurer’s Motion For Reconsideration Over Liability Caps Denied

Carlton Fields on

In a case on which we previously reported, a federal court in New York recently denied plaintiff insurer’s motion to reconsider the court’s order granting defendant reinsurer’s motion for partial summary judgment. In that...more

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