Rose

Pursuant to Insurance Code section 11580, Harold B. Rose and Eleanor Rose sued Royal Insurance Company of America as judgment creditors of Norman Hahn and Jean Hahn, who were insured under a policy of liability insurance issued by it. Plaintiffs appeal from judgment of dismissal entered after the trial court sustained defendant’s demurrer to the first amended complaint without leave to amend.

Facts

The first amended complaint (complaint) alleged: On March 15, 1980, defendant issued to the Hahns an insurance policy (the policy), effective through March 15, 1983, which included coverage for comprehensive general liability and contractual liability. In the policy defendant promised “[t]o pay on behalf of the insured all sums which the insured shall become legally obligated to pay as damages because of. . . property damage to which this insurance applies . . . .” Defendant also promised “[t]o pay on behalf of the insured all sums which the insured, by reason of contractual liability assumed by him under any written contract of the type designated in the schedule for this insurance, shall become legally obligated to pay as damages because of . . . property damage to which…