Hanover Insurance Co. v. Paul M. Zagaris, Inc.

ORDER RE CROSS-MOTIONS FOR SUMMARY JUDGMENT

INTRODUCTION

In this insurance coverage dispute, both sides move for summary judgment. To the extent stated below, the insurer’s motion is Denied, and the insureds’ motion is Granted.

STATEMENT

Plaintiff Hanover Insurance Company issued a “Miscellaneous Professional Liability Policy” to defendant Paul M. Zagar-is, Inc. (“Zagaris, Inc.”), a real estate brokerage company. The policy covered a year-long period beginning in July 2015 and named defendants, Jon Paul Zagaris, Karrie Goold, Danielle Hardcastle, Esther Gutierrez, Fred Ohstory, and Michael P. Dutra as additional insureds (“individual defendants”) for actions taken on behalf of Zagaris, Inc., in their capacities as officers, directors, trustees, and employees of the company (Joint Statement of Undisputed Facts, Exh. C at 2,10).

The policy provided, inter alia, “Professional Services Coverage,” as follows (id. at 7) (emphasis in original, indicating defined terms):

Both sides agree that our case involves a “claim” by an insured for “wrongful acts” in the rendering of “professional services,” within the meaning of the policy and within the coverage, so this order does not…