... 12 Below requested, and was granted, leave to file an amended complaint, which contained
a breach of contract claim. ... 24 The ELD "is a judicially created doctrine that seeks to preserve
the distinction between contract and tort." Ins. Co. of N. Am. ...
... commitment letter. Even assuming, without deciding, that the commitment letter
constitutes a separate and enforceable contract for financing, we conclude that
Town Bank was within its rights to terminate the agreement. It is ...
... 2d 332, 337, 294 NW2d 473 (1980). ¶ 18 This case requires us to interpret an insurance contract
to determine the scope of an insurer's duty to defend its insureds. ... 1. General Principles. ¶ 19 An
insurance policy functions as a contract between the insured and the insurer. ...