Delaware Business Litigation Report

Superior Court Dismisses Warranty Of Accuracy Claim

National Union Fire Insurance Company of Pittsburgh, PA. v. Trustwave Holdings, Inc., C.A. N14C-10-160-MMJ (CCLD)

This decision holds that Delaware does not recognize a claim for the implied warranty of accuracy for a report of an inspection company. Of course, that does not mean there is no breach of contract claim for inspection services. The problem in such matters is that the contract often contains a limitation of damages clause that a clever plaintiff may try to avoid, but not this time.

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