U.S. District Court, New Mexico
After a restaurant caught fire, its insurance provider alleged that the fire-protection device was responsible for the resulting damage. On behalf of the fire-protection company, Shook attorneys argued that the restaurant had signed a contract waiving any right of a third party, including the restaurant's insurance provider, to sue in the event of damage. The court agreed, finding the contractual provision to be enforceable even in the face of procedural and substantive unconscionability arguments, and granted summary judgment to Shook's client.
AMCO Ins. Co. v. SimplexGrinnell L.P., No. 14-0890 (D.N.M. 2016).