Here's a nice little messy case just decided in Maine.  You can read the entire case on my web site under leading state cases at http://www.kirschenbaumesq.com/maine2.htm

    SimplexGrennell installed a fire alarm system at Camp Takajo.  At the end of the camp season the telephones were turned off.  A fire broke out.  Of course the signal was  not communicated and 3 buildings burned down.  The alarm company had a "Life Safety Service Agreement" that did have protective provisions, including limitation of liablity.  So what's the problem?

    Well during discovery the alarm company attorneys didn't produce the back side or one side of the contract, the side with the limitation of liability, so the court decided not to grant summary judgment to the alarm company based on its contract provisions.  The court then permitted the case to go to the jury, which awarded the camp 2.7 million dollars.  The alarm company appealed.  The appellate court sent it back to the trial court to include the omitted part of the alarm contract.  Based on comment by the lower court in its order denying the motion for summary judgment it's likely that the action against the alarm company will be dismissed.

    So what can we learn from this case?   Have a proper contract.  You can get one at www.alarmcontracts.com.  When your lawyer asks for your contract make sure you provide the full contract, not half or less.

    Your lawsuit.  A jury trial is pretty good way to lose a case.  We see sizable awards against alarm companies from juries that apparently are told they can hold the alarm company liable for not preventing a loss.  Avoid juries.  The enforcement of your contract is a matter of law that the judge should be ruling on long before you get to a jury.  In any event, your contract should exclude jury trials.    

    Let's see, anything else?  O yeah, make sure your insurance carrier hires me to defend you.  Together we'll win.