Contractual Exclusion of Liability as a Defense to Negligence Claims

Most commercial insurance producers will, at one time or another, have dealt with prospects such as gyms and exercise clubs, ski hills, gun clubs, special events organizers, etc. who have attempted to avoid liability for bodily injury to participants by having them sign a ‘waiver’ or ‘release of liability.’ The key question we have to wrestle with as insurance brokers is ‘How do the courts view these documents?’ Or, said another way, ‘‘How successful are these contractual exclusions of liability when used as a defence to negligence claims?’ This course attempts to answer that question.