Saylin
Saylin v. California Insurance Guarantee Ass'n
Opinion
Opinion
Spencer, J.
Introduction
Plaintiff Brian G. Saylin appeals from a summary judgment granted to defendant California Insurance Guarantee Association (CIGA), and from a prior order granting CIGA’s motion to strike allegations by which plaintiff sought to recover damages for his emotional distress.
Statement of Facts
Plaintiff is an attorney. From September 17, 1971, to September 17, 1972, he was insured by Signal Insurance Company’s (Signal) lawyers’ professional liability insurance policy No. LP-093154. The policy provides coverage “[t]o pay on behalf of the insured all sums which the insured shall become obligated to pay by reason of the liability imposed upon him by law for damages resulting from any claim made against the insured arising out of the performance of professional services for others in the insured’s capacity as a lawyer . . . and caused by any act, error or omission of the insured” during the policy period. There is no “prior acts” endorsement; hence, “[ajcts committed prior to the beginning of the policy period” are excluded expressly from coverage. Signal undertakes to “defend in his name and behalf any suit against the insured alleging such act, error or omission…