Van Ness & Sperry, Inc. v. National Union Fire Insurance Company of Pittsburgh

979 F.2d 857 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. VAN NESS & SPERRY, INC., et al., Plaintiffs-Appellees, v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, Defendant-Appellant. No. 91-55659. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 2, 1992. Decided Nov. 16, 1992. 1 Before NELSON, DAVID R. THOMPSON, Circuit Judges and LYNCH * , District Judge. 2 MEMORANDUM ** 3 Van Ness & Sperry, Inc., and Sperry Van Ness--San Diego [Sperry Van Ness] appeal from the trial court's order dismissing their declaratory relief complaint against National Union. Appellants contend that the district court erred when it found that there was no potential for coverage in an underlying third party action against appellants, and therefore, no duty to defend on the part of National Union. 4 The National Union policy provides for coverage of a "Wrongful Act" occurring "solely in the performance of providing real estate services to others for a fee."…