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AUGUST ENTERTAINMENT v. PHILADELPHIA INDEMNITY INS.

No. B184276.

52 Cal.Rptr.3d 908 (2007)

146 Cal.App.4th 565

AUGUST ENTERTAINMENT, INC., Plaintiff and Appellant, v. PHILADELPHIA INDEMNITY INSURANCE COMPANY, Defendant and Respondent.

Court of Appeal of California, Second District, Division One.

January 8, 2007.

Attorney(s) appearing for the Case

Law Offices of Christian J. Garris, Christian J. Garris; Law Offices of David M. Wolf and David M. Wolf, Los Angeles, for Plaintiff and Appellant.

Lewis Brisbois Bisgaard & Smith, Jeffry A. Miller, Thomas G. Oesterreich and Elizabeth G. O'Donnell, Los Angeles, for Defendant and Respondent.

MALLANO, J.

This appeal raises issues concerning whether a directors and officers (D & O) liability policy covers a breach of contract claim where an officer entered into a contract without stating that he was acting on behalf of the corporation. The corporation subsequently disputed liability under the contract, and the other contracting party brought suit against the corporation and the officer, seeking to recover the contract price. The officer sought a defense...

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