A recent case in the state of California dealt with a number of issues, including the effect of a liquidated damage clause. In this column, we’ll discuss the issue of whether the plaintiff who recovered the liquidated damage amount was entitled to attorney fees.
Two issues came to the forefront of a case in New York: the definition of gross negligence and contract interpretation. An insurance company filed suit against an alarm company to recover insurance payments made to the insured following a fire at the insured’s premises, a restaurant. The alarm company filed a motion to dismiss.
A case was recently decided by the United States District Court in the State of New York regarding the impact of a claim for gross negligence on a contract’s waiver of subrogation provision.