Jamison v. Certain Underwriters at Lloyd's Under Policy No. B0146LDUSA0701030

MEMORANDUM

William Jamison and other plaintiffs (collectively, “Jamison”) appeal the district court’s grant of the defendants’ motion to dismiss Jamison’s First Amended Complaint without leave to amend. We review de novo and affirm. See Skilstaf, Inc. v. CVS Caremark Corp., 669 F.3d 1005, 1014 (9th Cir.2012); Thinket Ink Info. Res., Inc. v. Sun Microsystems, Inc., 868 F.3d 1053, 1061 (9th Cir.2004).

1. Jamison argues that there are two reasons why the Directors, Officers and Company Liability Policy’s Partial Professional Services Exclusion (the “Exclusion”) does not bar Jamison’s claims: the Exclusion does not apply to claims for acts “directly” as opposed to “indirectly” connected to professional services or for acts relating to secondary as opposed to primary liability. The Exclusion excludes claims “for any act, error or omission in connection with the performance of any professional services by or on behalf of the Company for the benefit of any other entity or person.”

2. We apply California law, and “[w]hen the facts are undisputed, as they are deemed to be on a ruling on a demurrer [or motion to dismiss], the interpretation of a contract, including whether an insurance…