Gerald Heaney, Radaszewski v. Telecom Corp. — Dissent
“ Telecom does not challenge the above facts. Rather, it argued that because Contrux obtained $ 1,000,000 in liability insurance through Telecom, Contrux had sufficient funds to meet its obligations to tort claimants. The district judge rejected this contention, stating:Whether a corporation is undercapitalized is a question of fact which turns on the nature of the business of the corporation and the risks that business necessarily faces. ”
