Joel Brown and Iris Brown, Plaintiffs Below, Appellants v. United Water Delaware Inc., Defendant Below, Appellee

Summary

The court held that the filed rate doctrine barred the Browns’ ordinary-negligence claims because the utility’s approved tariff expressly exempted it from liability for fire-related losses and failure to supply water pressure. The court declined to decide whether the doctrine also bars claims based on gross negligence or willful misconduct because that issue was not fairly presented below. It remanded for the Superior Court to determine whether the Browns stated such claims and, if so, whether the tariff bars them.