Letter Triggers Reversal In Builder's D&O Fight

Law360, New York (May 4, 2009, 12:00 AM EDT) -- A federal appeals court has partially reversed a ruling in favor of Executive Risk Indemnity Inc., concluding that a construction company's duty-to-defend claims may have merit due to a letter related to a building contract its president wrote.

But the district court did not err when it threw out S.J. Amoroso Construction Co. Inc.'s claims of bad faith in connection with the insurer's denial of coverage, according to Thursday's memorandum in the U.S. Court of Appeals for the Ninth Circuit.

"Where there is a genuine issue...
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