St. Paul Fire & Marine Ins. Co. v. Guardian Alarm Co. of Michigan
320 N.W.2d 244, 115 Mich.App. 278
Burglar insurer as subrogee of insured brought action against burglar alarm company for sums paid to insured following burglary during which alarm failed to sound. The Circuit Court, Wayne County, Thomas Roumell, J., granted burglar alarm company's motion for accelerated judgment, and insurer appealed. The Court of Appeals held that liquidated damages clause in burglar alarm contract was not unconscionable where both parties to contract were corporations dealing at arms-length, contract made clear that amount charged for alarm service was not premium for theft insurance, and limitation on burglar alarm company's liability to aggregate of six-monthly payments or $250 was reasonable.