S.J. Amoroso Construction Co. v. Executive Risk Indemnity

Outcome: Prevailed on breach of contract claim

Description: On remand from successful appeal before the 9th Circuit, prevailed on Amoroso's claim for breach of contract for the insurance companies wrongful refusal to defend and indemnify Amoroso against a claim of misrepresentation by a project owner in a lawsuit in Hawaii. Amoroso settled the case and sued the insurance company to recover the amount paid in settlement and prejudgment interest. The insurance company sought to justify its denial of coverage by application of a policy exclusion clause that provided no coverage for contract obligations. The court agreed with Amoroso's position that the letter written by Amoroso's president did not constitute a contract and therefore the insurance company wrongfully denied coverage.