Rudd

MEMORANDUM **

Michael and Patricia Rudd appeal a grant of summary judgment in favor of Federal Insurance Company, finding that Federal had no duty to provide the Rudds with a defense against claims brought by Laura Stewart, their former housekeeper, alleging intentional infliction of emotional distress, battery, sexual battery, assault, wrongful discharge, and sexual harassment. We review the district court’s grant of summary judgment de novo. Oliver v. Keller, 289 F.3d 623, 626 (9th Cir.2002). We have jurisdiction and affirm.

Under California law, an insurance company “owes a broad duty to defend its insured against claims that create a potential for indemnity.” Horace Mann Ins. Co. v. Barbara B., 4 Cal.4th 1076 , 17 Cal.Rptr.2d 210, 213 , 846 P.2d 792 (Cal.1993) (en banc) (citation omitted); see also Montrose Chem. Corp. v. Superior Court, 6 Cal.4th 287 , 24 Cal.Rptr.2d 467, 471 , 861 P.2d 1153 (Cal.1993) (en banc) (the duty to defend is broader than the duty to indemnify) (citation omitted). The duty to defend, however, is not absolute and when there is no potential for coverage, there is no duty to defend. Montrose, 24 Cal.Rptr.2d at 473 , 861 P.2d 1153 (when the complaint…