Elawyers Elawyers
Washington| Change

ASSOCIATED COMMUNITY BANCORP INC. v. THE TRAVELERS COMPANIES, INC., 10-2239-cv. (2011)

Court: Court of Appeals for the Second Circuit Number: infco20110511089 Visitors: 7
Filed: May 11, 2011
Latest Update: May 11, 2011
Summary: SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the judgment of the district court be AFFIRMED . Plaintiffs-Appellants Associated Community Bancorp, Inc., Connecticut Community Bank N.A., Westport National Bank, and Dennis Clark appeal from an April 7, 2010 judgment dismissing the complaint and a May 28, 2011 order denying their motion to reopen the judgment and file a third amended complaint of the United States District Court for the District of Connec
More

SUMMARY ORDER

UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the judgment of the district court be AFFIRMED.

Plaintiffs-Appellants Associated Community Bancorp, Inc., Connecticut Community Bank N.A., Westport National Bank, and Dennis Clark appeal from an April 7, 2010 judgment dismissing the complaint and a May 28, 2011 order denying their motion to reopen the judgment and file a third amended complaint of the United States District Court for the District of Connecticut (Hall, J.). We assume the parties' familiarity with the underlying facts and the procedural history of the case.

"We review de novo the grant of a motion to dismiss for failure to state a claim upon which relief can be granted under Federal Rule of Civil Procedure 12(b)(6)." Harris v. Mills, 572 F.3d 66, 71 (2d Cir. 2009). "We consider the legal sufficiency of the complaint, taking its factual allegations to be true and drawing all reasonable inferences in the plaintiff's favor." Id. We likewise review "de novo questions as to the ambiguity and meaning of the language of [an insurance] contract." State Farm Fire & Cas. Ins. Co. v. Sayles, 289 F.3d 181, 185-86 (2d Cir. 2002); see also Bd. of Educ. v. St. Paul Fire & Marine Ins. Co., 801 A.2d 752, 754 (Conn. 2002) ("[C]onstruction of a contract of insurance presents a question of law for the court which this court reviews de novo.") (alteration in the original).

Having conducted an independent and de novo review of the record in light of these principles, we affirm the district court's judgment for substantially the same reasons stated by the district court in its thorough and well-reasoned decision.

Appellants make one argument that was not considered below, undoubtedly because it was presented to the district court only briefly at oral argument, and not presented again in either Appellants' motion to reopen or in their efforts to amend the complaint. They argue that the underlying claims against them fall within a carveback to the policy's insolvency exclusion because they allege covered acts "solely in connection with [their] investment on behalf of a customer in the stock of [an investment company or similar organization]." Assuming arguendo that Appellants raised this issue below, it is without merit. The carveback relates to investments in an investment company's "stock" — that is, in its equity. While some of the underlying complaints refer to "shares," all of them make clear that the proposed Madoff investments involved creating an investment account with Madoff, not making an equity investment in the stock of an investment company or similar organization.

We have considered Appellants' remaining arguments and find them to be without merit. For the foregoing reasons, the judgment of the district court is hereby AFFIRMED.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer