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

Defendant appealed from an award of summary judgment entered in the United States District Court for the Western District of New York (William M. Skretny, Chief Judge) in favor of plaintiffs on their action for a declaration that defendant was obligated to defend and indemnify them in a personal injury action pending in New York State court. The district court’s judgment rested on three grounds relevant to this appeal: (1) that a contract that had not been signed on behalf of the parties to it nonetheless had been “executed” within the meaning of the primary insurance policy in issue and New…