In a case in the state of Colorado, an alarm company was found liable for willful and wanton breach of contract in the failure to perform its obligations for installation, repair, maintenance and offsite monitoring of burglar alarm equipment installed in a warehouse damaged by a fire following a burglary.
The alarm company’s insurance carrier refused to pay, contending that the jury’s finding that the breach was willful and wanton precluded enforcement of the policy under established Colorado common law that insuring agreements were actually void and contrary to public policy when they ended up protecting an insured from intentional wrongdoing or reckless conduct.