Article Date: 06/26/2006

WAIVER OF SUBROGATION CLAUSE IS 'OBSCURELY DRAFTED'

U.S. Court of Appeals, 1st Circuit

Reed & Reed, Inc. v. Weeks Marine, Inc.

No. 04-2365, 04-2366
December 19, 2005

Overview

Does a contract’s waiver of subrogation clause apply to the entire contract or just to the defendant in any ensuing litigation? The question and answer lead to expensive litigation that the clause itself was designed to avoid.

Background

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