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· 12/23/2010

10 Ellicott Square Court Corp. v. Mountain Valley Indemnity Co.

Citations

  • 634 F.3d 112
  • 2010 WL 5295420
  • 2010 U.S. App. LEXIS 26035

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • recognizing that under New York law “[a]n unsigned contract may be enforceable, provided there is objective evidence establishing that the parties intended to be bound”
  • explaining that courts “must give ‘unambiguous provisions of an insurance contract . . . their plain and ordinary meaning.’”
  • explaining that “[i]t is common practice . . . to refer to the dictionary to determine the plain and ordinary meaning of words to a contract”
  • recognizing discretionary authority to certify questions of state law
  • applying New York law and interpreting “executed” to require pre-loss signing or full performance of an underlying contract, and denying additional insured status to the plaintiffs in the absence of both
  • “[W]e may affirm a decision on any grounds supported in the record, even if it is not one on which the trial court relied.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Sack, Raggi, Koeltl

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.