Public Service Mutual Insurance v. Royal Burglar & Fire Alarm, Inc.

This motion for summary judgment tests the legal sufficiency of a paragraph in the lease agreement between the parties, excusing lessor (defendant) from any liability for its negligence or failure to act, or, in the alternative, limiting its liability to $25.

Plaintiff’s subrogor contracted with defendant for the installation and leasing of a burglar alarm system. Defendant was obligated to "maintain and give uninterrupted service”, and to repair and replace defective parts in the burglar alarm system. The agreement specifically states that the system remained the property of the lessor…