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Natl. Union Fire Ins. Co. of Pittsburgh3/23/1992
HARPER, Judge.
Appellant, National Union Fire Insurance Company of Pittsburgh, Pa. ("National"), appeals from the judgment of the Cuyahoga County Court of Common Pleas which granted an action in declaratory judgment in favor of appellee, Shane and Shane Co., L.P.A. ("Shane"). For the reasons that follow, we reverse.
Richard Summers, who was an attorney with the law firm of Shane, represented Anthony Nici in a personal injury action. Nici filed a complaint in breach of contract and fraud on September 15, 1987 against Summers and Shane. The complaint alleged that Nici entered into a contract with the defendants which required him to pay twenty-five percent of all money collected on his behalf to the defendants. Nici alleged that at the conclusion of his personal injury case, the defendants deducted $8,000 in addition to the twenty-five-percent agreed upon by the contract of the parties. He alleged that the defendants claimed that the additional deduction covered "other expenses."
Nici's complaint concluded that the defendants, action constituted fraud and a breach of contract and prayed for compensatory and punitive damages. Nici also prayed for attorney fees.
National is a malpractice insurance carrier for Shane. National was informed of the complaint by Shane. National appeared on Shane's behalf and, in a separate action, filed for a declaratory judgment, arguing that its contract of coverage does not cover the type of action instituted by Nici and, therefore, it had no duty to defend the action.
"I. Coverage
"To pay on behalf of the insured all sums which the insured shall become legally obligated to pay as damages because of any claim or claims, including claim(s) for personal injury , first made against the insured and reported to the Company during the policy period or extended reporting period, arising out of any act, error or omission of the insured in rendering or failing to render professional services for others in the insured's capacity as a lawyer, fiduciary or Notary Public, and caused by the insured or any other person for whose acts, errors or omissions the insured is legally responsible, except as excluded or limited by the terms, conditions and exclusions of this policy.
"II. Defense and Settlement (Included in the Limits of Liability)
"The Company shall have the right and duty to defend, subject to and as part of the limits of liability, any suit against the insured seeking damages which are payable under the terms of this policy, even if any of the allegations of the suit are groundless, false or fraudulent.
"This policy does not apply:
"(a) to any claim arising out of any criminal act, error or omission of any insured:
"(b) to any claim arising out of any dishonest, fraudulent or malicious act, error or omission of any insured, committed with actual dishonest, fraudulent or malicious purpose or intent. However, notwithstanding the foregoing, the Company shall defend any and all `personal injury' claims;
"* * *
"(k) to any punitive or exemplary damages, fines, sanctions or penalties, or the return of or reimbursement for legal fees, costs or expenses."
Appellees argue that since the coverage includes "any claims asserted against its insured," appellant within the language of the policy has a duty to defend their case against Nici. We disagree. An insurance policy is a contract between two parties. Therefore, an insurance policy, like any other written contract, is interpreted from the four corners of the agreement unless a necessit
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