context: As a result, "[i]t is the law of New York that claims for gross negligence are not precluded by waivers of subrogation provisions."
citation_a.signal: see
citation_a.identifier: 2002 WL 123506, at *4-5
citation_a.parenthetical: dismissing subrogee's negligence claim due to waiver of subrogation clause but finding that gross negligence claim possible if intentional wrongdoing occurred
citation_a.sentence: See Travelers, 204 F.Supp.2d at 644 (citing Federal Ins. Co. v. Honeywell, Inc., 243 A.D.2d 605, 663 N.Y.S.2d 247, 248 (2d Dep’t 1997) and Gold Connection Discount Jewelers, Inc. v. American Dist. Tel. Co., 212 A.D.2d 577, 622 N.Y.S.2d 740, 741 (2d Dep’t 1995)); Charter Oak, 2002 WL 123506, at *4-5 (dismissing subrogee’s negligence claim due to waiver of subrogation clause but finding that gross negligence claim possible if intentional wrongdoing occurred); see also Royal Ins. Co. of America v. Southwest Marine, 194 F.3d 1009, 1016 n. 8 (9th Cir.1999) (“Like the exculpatory clauses, [waiver of subrogation clauses] are limitation provisions, which are not effective as to gross negligence or misconduct.”).
citation_b.signal: see also
citation_b.parenthetical: "Like the exculpatory clauses, [waiver of subrogation clauses] are limitation provisions, which are not effective as to gross negligence or misconduct."
citation_b.sentence: See Travelers, 204 F.Supp.2d at 644 (citing Federal Ins. Co. v. Honeywell, Inc., 243 A.D.2d 605, 663 N.Y.S.2d 247, 248 (2d Dep’t 1997) and Gold Connection Discount Jewelers, Inc. v. American Dist. Tel. Co., 212 A.D.2d 577, 622 N.Y.S.2d 740, 741 (2d Dep’t 1995)); Charter Oak, 2002 WL 123506, at *4-5 (dismissing subrogee’s negligence claim due to waiver of subrogation clause but finding that gross negligence claim possible if intentional wrongdoing occurred); see also Royal Ins. Co. of America v. Southwest Marine, 194 F.3d 1009, 1016 n. 8 (9th Cir.1999) (“Like the exculpatory clauses, [waiver of subrogation clauses] are limitation provisions, which are not effective as to gross negligence or misconduct.”).