Robert Bercu Darline Bercu v. Potomac Insurance Company

42 F.3d 1398 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Robert BERCU; Darline Bercu, Plaintiffs-Appellees, v. POTOMAC INSURANCE COMPANY, Defendant-Appellant. No. 93-55720. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 1, 1994. Decided Nov. 30, 1994. Before: GIBSON, * HUG, and HAWKINS, Circuit Judges. 1 MEMORANDUM ** 2 Appellant, Potomac Life Insurance Co. ("Potomac"), appeals the district court's grant of summary judgment in favor of appellees, Robert and Darlene Bercu ("Bercus") on the issue of whether Potomac was obligated to defend the Bercus under the coverage provisions of an error and omissions insurance policy issued by Potomac. We review de novo. T.W. Elec. Serv., Inc. v. Pacific Elec. Contractors Ass'n, 809 F.2d 626 , 629 (9th Cir.1987). 3 As the reviewing court, we are not bound by the trial court's construction of an insurance contract where that construction was not based on the credibility of conflicting extrinsic evidence.…