Taub
Taub v. First State Insurance
Opinion
Opinion
Vogel, J.
Introduction
In 1972-1973, an attorney, while practicing law as a law corporation, allegedly committed malpractice. In 1981, the attorney affiliated with a law firm. In 1986, the attorney was sued for the professional negligence allegedly committed in 1972-1973 and sought coverage under a “claims made” policy then in effect which had been issued to the firm with which he affiliated after the alleged negligence had occurred. The insurer denied coverage. In a subsequent declaratory relief action, the trial court granted summary judgment in favor of the insurer, finding no duty to defend or to indemnify. We affirm. We find that the insurance policy does not cover the alleged malpractice because it was not committed in the conduct of the business of the firm for whose benefit the policy was issued.
Factual and Procedural Background
An understanding of the present action necessitates analysis of three antecedent lawsuits. We set forth those events in a sequential manner. Evidence of all of the following was presented to the trial court in the summary judgment proceeding from which the present appeal is taken.