Certain Underwriters v. TNA NA Manufacturing

Summary

The Oregon Supreme Court held that the contract between SunOpta and Food Design did not contain a clear and unequivocal waiver of tort liability, reversing the trial court’s summary‑judgment grant and remanding for further proceedings. The Court explained that Oregon law requires an express, unambiguous disclaimer of liability outside the contract to overcome the presumption against tort waivers. Accordingly, sections 5, 7, 11, and 12 of the sales agreement were found insufficient to bar Lloyd’s negligence and products‑liability claims.