Metropolitan Life Insurance v. Noble Lowndes International, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Rubin, J.
At issue in this litigation is the application of a limitation of damages clause which precludes recovery of "loss of profit, loss of business, or other financial loss” except where occasioned by "intentional misrepresentations, or damages arising out of [defendant’s] willful acts or gross negligence”. The jury returned a verdict, finding that defendant breached its contract to develop and install, on its computer system, software for use in processing insurance claims. Plaintiff was awarded $204,000 for amounts paid under the contract, $369,000 for expenses…
2Cases cited21 opinions
- Cohen v. Hallmark Cards, Inc.New York Court of Appeals · 1978
- Clark-Fitzpatrick, Inc. v. Long Island Rail RoadNew York Court of Appeals · 1987
- Sommer v. Federal Signal Corp.New York Court of Appeals · 1992
- Gross v. SweetNew York Court of Appeals · 1979
- Kalisch-Jarcho, Inc. v. City of New YorkNew York Court of Appeals · 1983
16 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Metropolitan Life Insurance v. Noble Lowndes International, Inc.New York Court of Appeals · 1994
- Banc of America Securities LLC v. Solow Building Co. II, L.L.C.Appellate Division of the Supreme Court of the State of New York · 2007
- McMahan & Co. v. BassAppellate Division of the Supreme Court of the State of New York · 1998
- Apache Bohai Corp. LDC v. Texaco China BVCourt of Appeals for the Fifth Circuit · 2007
- Cushman & Wakefield Inc. v. 214 East 49th Street Corp.Appellate Division of the Supreme Court of the State of New York · 1996
26 more not listed; retrieve them via the Exa API.