California Court of Appeal

In an action for declaratory relief and damages arising from defendant's failure to defend plaintiff in action brought by widow of a worker who was fatally injured in an industrial accident, summary judgment for defendant is affirmed where: 1) employer liability insurance (ELI) coverage can accrue only if (a) the worker was acting in the course and scope of employment of the insured and (b) workers' compensation law either does not apply to the situation or the employer may be sued in a capacity other than as an employer; and 2) because plaintiff failed to raise a triable issue of fact on any of the conditions required in (b), ELI coverage could not be triggered.

Appellate Information

• Decided 10/30/2008
• Published 10/30/2008

Judges

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Malek & Malek, Sandra L. Malek and Jeffrey L. Malek, Torrence, for Plaintiff and Appellant.


• For Appellees:
  
• Robert W. Daneri, Judith D. Sapper, Teigh Taurino and Linda S. Platisha, for Defendant and Respondent.