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Most businesses and many homeowners have alarm systems that include continuous monitoring. And the customers of the alarm companies rely on the systems to give them warnings of intruders or other problems. But what happens when the alarm system malfunctions, the business owner's property is stolen, and the insurance doesn't cover the claim? Can the business owner recover from the alarm company for negligence or does the contract's limitation of liability language prevail?
A communication 'error'
Ivan and Krystyna Homola, the owners of EJ Jewelers, Inc., contracted with Protection One Alarm Monitoring Inc., d/b/a Protection 1 Security Solutions, to install a burglar alarm monitoring system and closed circuit television at their store. In May 2014, the Homolas contracted with the company for burglar monitoring services, the terms of which superseded all prior agreements (2014 Agreement).
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