Smith Kandal Real Estate v. Continental Casualty Co.
Opinion
Opinion
McDonald, J.
Smith Kandal Real Estate (Smith Kandal), a partnership, is a real estate broker insured for the years 1994 and 1995 under real estate agents’ errors and omissions liability policies issued by Continental Casualty Company (Continental). Michael and Deirdre Morgan (the Morgans) served a draft complaint on Smith Kandal, seeking damages incurred in a real estate transaction in which Smith Kandal was the broker for the Morgans. Smith Kandal tendered to Continental the defense of the Morgans’ claim. Continental rejected the tender, asserting that because of “Exclusion O” and the Ventana Ranch exclusion there was no potential for coverage for the Morgans’ claim.
Smith Kandal filed this action against Continental, seeking a declaration that Continental was obligated to provide a defense to the Morgans’ claim under the policies. The trial court denied Smith Kandal’s motion for summary judgment and granted Continental’s cross-motion for summary judgment, ruling that the 1994 policy had expired, and that under Exclusion O and the Ventana Ranch exclusion there was no potential for coverage for the Morgans’ claim. Smith Kandal timely filed this appeal.