D&O Policy Exclusion of Coverage for Claims Arising From a Contract Does Not Apply

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S.J. Amoroso Construction Company, Inc. v. Executive Risk Indemnity, Inc.

(9th  Cir.(Cal.), April 30, 2009)

The underlying complaint alleged damages as a result of a third party’s misrepresentations that induced one party to contract with another. The theory of liability depended on the fact that the third party was not a party to the contract and had no liability under it. Therefore, the exclusion did not apply.

By Richard J. Cohen and Carrie P. Appler

 https://www.goldbergsegalla.com/attorneys/Appler.html

https://www.goldbergsegalla.com/attorneys/Cohen.html