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November 2021

Harrison County Circuit Court Grants Summary Judgment for Termite Company against Homeowner

Plaintiffs contracted with termite company #1 to provide termite protection for their residence. Subsequently, termite company #1 sold the business to termite company #2. The contract provided that termite company #2 assumed only limited liabilities.  Later a significant termite infestation developed at the residence, and Plaintiff asserted claims against both termite companies. 

Daniel Coker attorneys Ed Taylor and Katie Van Camp represented termite company #2.  A summary judgment motion was filed on behalf of termite company #2, asserting that the liability limitation in the contract was applicable, enforceable, and not against public policy. The court agreed and emphasized that termite company #1 had liability insurance to cover the claim, and thus Plaintiffs were afforded a remedy for their claim.  Summary judgment was granted in favor of termite company #2.