Royce International Broadcasting Corp. v. Vigilant Insurance

MEMORANDUM *

Royce International Broadcasting Corporation and Edward Stolz (together, “Royce”) appeal from the district court’s grant of summary judgment in favor of defendant Vigilant Insurance Company (“Vigilant”) on Royce’s claim that Vigilant had the duty to defend it in a breach of contract action. Royce contends that the district court erred in holding that there was no potential for coverage in the underlying dispute in which Entercom Corporation (“Entercom”) sued Royce for failing to follow through with the sale of a radio station. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Royce contends that the property damage in this case could have occurred *230 without intent to cause any harm, but recent cases make clear that in determining whether conduct is “accidental” it is irrelevant whether the insured expected or intended the conduct to cause harm. See Quan v. Truck Ins. Exch., 67 Cal.App.4th 583 , 79 Cal.Rptr.2d 134, 141 (Ct.App.1998) (“[T]he insured’s [purposeful sexual] conduct alleged to have given rise to claimant’s injuries is necessarily nonaccidental, not because any ‘harm’ was intended, but simply because the conduct could not be engaged in…