In an apparent case of first impression, a federal judge in Pittsburgh has predicted that neither the Pennsylvania nor the Ohio supreme courts would hold a surety to a fiduciary standard or allow a bad-faith tort claim to proceed when there is a valid contract between the parties.
The practical result of the ruling in Reginella Construction v. Travelers Casualty and Surety Co. of America is that the claims from Pittsburgh-based Reginella that conduct of Travelers cost it nearly $16 million are dismissed.
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