2 total
Insurance covenant in storage contract barred subrogated claim against warehouse operator and its third-party contractors.
The appellant entered into a contract with the respondent for the storage of vaccines in a temperature-controlled warehouse.
The contract required the appellant to maintain all-risk property insurance.
After the cooling system malfunctioned and destroyed the vaccines, the appellant's insurer brought a subrogated action against the respondent and other contractors involved in the warehouse's operations.
The Court of Appeal upheld the summary judgment dismissing the action, finding that the insurance covenant barred the claim against the respondent (except for a $100,000 negligence carve-out) and that the other contractors were third-party beneficiaries of this protection.
Municipal road negligence appeal failed for lack of error and causation.
The appellants appealed the dismissal of a negligence action arising from a single-vehicle accident in which the driver was seriously injured after leaving a municipal roadway.
They argued the trial judge erred in describing the accident location, in finding the roadway warning signage adequate, and in concluding causation had not been proven.
The Court of Appeal held the location was well understood by the trial judge, the warning sign sufficiently communicated the sequence of curves and advisory speed, and the causation finding was entitled to appellate deference.
The appeal was dismissed with costs.
