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MARKEL AMERICAN INS. v. DAGMAR'S MARINA, LLC.

No. 58487-1-I.

161 P.3d 1029 (2007)

MARKEL AMERICAN INSURANCE COMPANY, a Virginia corporation, Appellant, v. DAGMAR'S MARINA, L.L.C., a Washington Limited Liability Corporation, Respondent.

Court of Appeals of Washington, Division 1.

Publication Ordered July 11, 2007.

Attorney(s) appearing for the Case

Chris Parker Reilly, Nicoll Black Misenti & Feig, Seattle, WA, for Appellant.

M.A. Michelle Buhler, Danielson Harrigan Leyh & Tollefson, Seattle, WA, for Respondent.

COLEMAN, J.

¶ 1 The principal issue in this case is whether a limitation of liability provision in a lease agreement clearly and unequivocally disclaims a marina's liability for damage caused by its own negligence. The second issue is whether the marina provided storage services to the boat owner, thus giving rise to an implied warranty of workmanlike performance. We reverse and remand because the lease's limitation of liability provision does not clearly and...

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