Patrick Crane and Sewer Rodding Equipment Co. v. Royal Insurance Company of America

ORDER

The request for publication is GRANTED. The memorandum disposition filed January 10,1994, is redesignated as an authored opinion by Judge Goodwin.

Plaintiffs Patrick Crane and Sewer Rod-ding Equipment Company (“SRECO”) appeal from the summary judgment in favor of defendant Royal Insurance Company of America (“Royal”). We affirm.

I.

Crane and SRECO bought from Royal liability insurance which was in effect from June 1, 1985 to June 1, 1986 and was subsequently renewed. On September 29, 1985, Crane was involved in an accident while operating a watercraft in the course of his duties for SRECO. This accident led to a damages action in the Los Angeles County Superior Court, White v. Crane, et al., No. WEC104051.

Plaintiffs tendered defense of the action to Royal, which tender was refused in a letter from David P. Gerlach of Royal to Robert Crane of SRECO, dated August 22, 1986. The letter explained that the policy “contains coverage under a Comprehensive General Liability, Broad Form Endorsement,” and went on to quote the policy’s exclusion for:

The letter concluded by stating, “[i]f, (sic) you should provide us with additional facts wherein our policy would provide coverage…