Although a significant
part of the plaintiff's claim rests
on the fact that Mazda failed to adequately resolve the issue in a timely fashion, as Glaspell notes above it requires a burden even beyond that of negligence in showing fraud or
total failure of consideration.
What that means is that the
part of the insured property which belongs to you is protected against partial or
total loss, and that you are protected against people who are injured
on the property as a result of flaws or
failures on the property, such as tripping over a brick in the sidewalk, or being electrocuted by faulty wiring.