Scott and Fishman Explore Gross Negligence Coverage in Contracts

Shook Partner Jason Scott and Associate Erin Fishman have authored an article for Missouri Lawyers Weekly on waiver of subrogation provisions, which can be used to cover gross negligence claims in contracts. Scott and Fishman explain the majority rule in courts across the country and examine how Missouri courts have considered the issue.

Missouri courts have not ruled on the applicability of waivers of subrogation in relation to gross negligence claims, Scott and Fishman note, but “a review of relevant case law discussing the ability to contract for insurance to cover gross negligence or willful or wanton misconduct provides some indication of how Missouri courts will treat this issue.” Fishman and Scott examine multiple cases that may provide guidance on Missouri courts’ reasoning, concluding that the existing case law “heavily suggests that Missouri will enforce waivers of subrogation against claims of gross negligence.”