Gogerty

Appeal by plaintiff Gogerty from a judgment denying recovery upon policies of indemnity insurance issued to him by General Accident etc. Limited. Gogerty was the architect in the construction of a school building for the United States Government. Defendant company issued him two policies which indemnified him against certain losses he might sustain in connection with the performance of his professional services. The provisions of the policies which measure the coverage of Gogerty were that he was insured against liability “1. . . . because of injury to or destruction of tangible property, including the loss of use thereof, all in direct consequence of any negligent act, error or omission of the Insured resulting in accident. ...” The policies each provided in an exclusionary clause “This insurance does not apply; ... (e) to loss and expense for additions to, remodeling, demolishing, or rebuilding of any structure as a result of error or omission in professional services, which error or omission does not result in an accident. ...”

Rogers and Rogers, a copartnership, was the general contractor; Los Angeles Testing Laboratory tested and reported upon concrete which was furnished to…