An important case which was decided in New York several years ago is well worth reporting.  The plaintiffs who owned a jewelry store entered into two agreements with an alarm company whereby the alarm company would install intrusion and CCTV systems. A month later the parties entered into a third agreement for intrusion monitoring services, the terms of which superseded all prior agreements.

The agreements stated, “We are not an insurer . . . it is your responsibility to obtain adequate insurance, a waiver of subrogation clause, a limitation of liability clause and a provision limiting liability to $1,000 with respect to the closed circuit television service.”