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Jewelry disclaimers


#1

oops, I broke your Tanzanite

I remember before anyone owned tanzanites, a friend of mine, who had
worked in a major jewelry store in Virginia, had a disclaimer form
for emeralds and opals. It said something to the effect that the
stones were fragile by nature and she would use “due dilagence” to
protect them from breakage, but she would not be financially
responsible if one broke. Does anyone with any legal or insurance
experience know if a waiver like this would hold up in court if it
was signed?

Wendy Newman
www.goldgraphix.com


#2

Wendy, In a previous existence I was, for seven or eight years an
inssurance claims adjuster. One of the things I learned from
adjusters far more knowledgeable and experienced than I , was that
releases, disclaimers and other such paperwork serve primarily to
discourage attempts at further claims or litigation. They do not
stand up well in court. Along the same line and with reference to
the lady with the broken tanzanite and it’s sentimental value,
insurance companies don’t pay for sentiment. That’s a pretty good
indication that a court won’t make make the responsible party pay
for it either. Companies don’t like to spend their money
disputing settled law. Just for the record, I am not an attorney,
nor do I play one on TV. Jerry in Kodiak