Second company that assumed the obligations of a first company by a series of agreements consolidating and retiring the earlier agreements was not covered under the insurance of the counterparty, as the new agreements set such coverage at the discretion of the counterparty. Use of the first company's credentials by the second company to file insurance paperwork insufficient to offset. No cause for reformation absent evidence that the counterparty had any other intent. If there was a fiduciary duty of the counterparty, it was owed only to the first company. Promissory estoppel unjustified.
Team Industrial Services v. Zurich American Insurance Company, et al.