Foreseeability of Damages.
Damages that both parties to the contract knew about or should have known about at the time the contract was made are referred to as foreseeable damages. In addition to this, an insured may be entitled to compensation for foreseeable damages caused by a failure of a duty to fairly consider, negotiate, and resolve claims. The foreseeable damages payable for warranty breach include reasonable legal fees and costs incurred in defending the injured party's claim for damages, whether or not such defense was successful.
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