Homestead Insurance Co. v. The Ryness Company

15 F.3d 1085 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. HOMESTEAD INSURANCE CO., Plaintiff-Appellee, v. THE RYNESS COMPANY, et al., Defendants-Appellants. No. 92-16247. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 17, 1993. Decided Jan. 5, 1994. Before: WALLACE, Chief Judge, GARTH * and WIGGINS, Circuit Judges. MEMORANDUM 1 The Ryness Company ("Ryness") appeals from a grant of summary judgment in favor of Homestead Insurance Company ("Homestead"), denying Ryness coverage under a duty to defend clause in a Specialty Errors and Omissions Policy ("Policy") issued by Homestead. We affirm. 1 I. 2 Ryness is a California real estate brokerage firm. On January 8, 1991, a class action was filed against Ryness and others by purchasers of condominium units sold by Ryness in the late 1980's. The class' multiple causes of action alleged, inter alia, that Ryness had defrauded the class members by failing to disclose that land adjacent to the condominium…