Ira E. Berry, Inc. v. American States Insurance Co.

CLEMENS, Presiding Judge.

By this action plaintiff (hereafter “Berry”), sought to recover money from its liability insurer which Berry had paid in its unsuccessful defense of a damage suit based on Berry’s fraud. Berry contended that by defendant’s policy it was obliged to defend the action against it and to pay its loss. Defendant contended the loss was for fraud, expressly excluded from coverage. The trial court agreed and rendered summary judgment against Berry, from which Berry has appealed. We affirm.

By its policy, known as a Real Estate Agents’ Errors and Omissions Policy, defendant…