Padberg
Padberg v. Travelers Companies
Opinion
Opinion
Willard, J.
This appeal is from a summary judgment holding that an insurance policy does not provide the coverage which appellant claims. There was no contested issue of fact involved. We agree with the trial court’s interpretation of the policy and affirm.
Facts
Appellant is a licensed real estate broker. In August 1985 he became associated with Hauser Enterprises, Inc., as an agent working in the capacity of an independent contractor, and continued as such at all times relevant hereto.
In January and February 1986 appellant was first made aware of claims against him arising out of his activities as a realtor prior to his association with Hauser. He requested that respondent defend and indemnify him with respect to these claims, basing his request on an insurance policy issued to Hauser and in effect when the claims were made. Respondent’s refusal gave rise to the case here on appeal.
The Policy
The insurance policy provided defense and indemnity for professional errors and omissions of realtors. The provisions bearing upon the issue for decision are as follows:
“Each of the following is an Insured under this Policy to the extent set forth below: