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ILLINOIS UNION INSURANCE COMPANY v. ASSURANCE COMPANY OF AMERICA

4176, 100213/08

86 A.D.3d 501 (2011)

927 N.Y.S.2d 339

2011 NY Slip Op 6080

ILLINOIS UNION INSURANCE COMPANY, Appellant, v. ASSURANCE COMPANY OF AMERICA, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided July 28, 2011.

Under California law, which the parties agree governs this action, whether the plaintiff in the underlying action was an "Employee" under the Illinois Union policy is a dispositive issue; if the plaintiff was an employee, then Illinois Union had the duty to defend, but if the plaintiff was not an employee, Illinois Union had no such duty, and thus would be entitled to full reimbursement (see County of San Bernardino v Pacific Indem. Co., 56 Cal...

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