Tana

Appellant Chinin Tana appeals from a summary judgment in favor of respondent Professionals Prototype I Insurance Company Limited (Prototype) on Tana’s action seeking a judicial declaration that Prototype had a duty to defend him under the terms of his malpractice insurance policy in an action brought by his former client. We agree with the lower court’s conclusion that Prototype owed no duty to defend Tana because the claim involved only a fee dispute which was clearly outside the scope of his policy.

Background

Tana is a practicing attorney. In 1984, Jozo Sugihara retained Tana to represent him in a dispute with Kikkoman Corporation and Kikkoman International, Inc. (Kikkoman). Sugihara also agreed to retain Attorney Richard Glickman to assist Tana as cocounsel.

In December 1989, Kikkoman agreed to settle the case by making payments to Sugihara having a total discounted value of about $7.6 million. Before the first settlement payment was due, a dispute over fees arose, prompting Tana and Glickman to serve a notice of attorney’s lien. Faced with competing claims to the money, Kikkoman deposited the settlement proceeds in court in an interpleader action (Kikkoman Corp.…