Markel American Insurance v. Dagmar's Marina, LLC

¶1 — The principal issue in this case is whether a limitation of liability provision in a lease agreement clearly and unequivocally disclaims a marina’s liability for damage caused by its own negligence. The second issue is whether the marina provided storage services to the boat owner, thus giving rise to an implied warranty of workmanlike performance. We reverse and remand because the lease’s limitation of liability provision does not clearly and unequivocally disclaim the marina’s liability for damage caused by its own negligence. We agree with the trial court that the marina did not…