Plaintiffs, trustees of a testamentary trust, appeal from a summary judgment for Professional Liability Fund (PLF) that PLF has no obligation to pay the legal malpractice judgment that plaintiffs obtained against defendants. We affirm.
Plaintiffs obtained a default judgment against defendants for recovery of certain trust funds that defendants improperly withdrew from the trust account. Plaintiffs filed a writ of garnishment against PLF to recover under defendants’ professional malpractice insurance plan. PLF responded to the garnishment by denying that it was obligated to pay any portion of the judgment. On cross-motions for summary judgment, the court granted PLF’s motion and denied plaintiffs’. Plaintiffs appeal.
We reject without discussion plaintiffs’ assignment that the trial judge erred in failing to recuse himself.
The thrust of plaintiffs’ appeal is that the trial court erred in concluding that the loss was not covered by PLF, because PLF provides coverage only on a “claims made” basis. When plaintiffs’ claim was made in 1985, defendants were no longer covered by PLF. Plaintiffs argue vigorously that they should be able to recover their loss, because PLF coverage is mandated by ORS 9.080(2).1 They argue that ORS 9.080(2) is a consumer protection statute and that the policy. should be reformed to provide occurrence coverage in order to comply with the statute. They assert that the trial court *505should have precluded PLF from arguing that the claim was not covered because of a judgment entered in another Multnomah County case in which another trial judge had concluded that ORS 9.080(2) requires PLF to cover claims on an occurrence basis, regardless of the claims made provision of the policy. PLF gives various reasons why issue preclusion should not apply in this case. We find it unnecessary to address those arguments.
Even assuming the correctness of plaintiffs’ premise that the legislation must be construed to require coverage on an occurrence rather than on a claims made basis, their claim is nonetheless outside PLF coverage. The evidence is that the actions of defendants that resulted in their liability to plaintiffs occurred in late November, 1984, after both lawyers involved had resigned from the Oregon State Bar in early November, 1984. Plaintiffs do not challenge that evidence. PLF’s policy provides, in part:
“The Fund shall pay on behalf of the Covered Party all sums which the Covered Party shall become legally obligated to pay as damages as a result of claims first made against the Covered Party during the Plan Period by reason of any act, error or omission in professional services rendered or that should have been rendered by the Named Party or by any person for whose acts or omissions the Named Party is legally responsible, and arising out of the conduct of the Named Party as a lawyer if the Named Party was in the private practice of law in Oregon with his or her principal office in the State of Oregon at the time of the conduct giving rise to the claim.” (Emphasis supplied.)
Plaintiffs do not argue that ORS 9.080(2) requires PLF to provide coverage for actions taken by persons who are not lawyers. Because the policy specifically precludes coverage on these facts, we need not address plaintiffs’ other arguments.2
Because of our disposition of the case, it is unnecessary to address plaintiffs’ other assignment.
Affirmed.