Wood

Defendant Ivan A. Wood, executor of the estate of Ellen Douglas Whelan (Estate), appeals the summary judgment entered in favor of plaintiff California Insurance Guarantee Association (CIGA), the successor to Cal-Farm Insurance Company (Cal-Farm). The judgment declared Cal-Farm was not obligated to indemnify and/or defend the wrongful termination action filed against the Estate by Reyes and Maria Gonzalez. We affirm.

I

Reyes Gonzalez worked as a ranch hand at the Whelan Ranch in Oceanside from 1970 until he was discharged in 1985. Following his termination he and his wife sued his former employer for damages based on contract and tort theories.

During Reyes’s employment the Estate was covered by two Cal-Farm general comprehensive insurance policies: the Farm and Ranch Master-Pak policy and the Agri-Pak Farmowners policy. CIGA filed this declaratory relief action to determine whether the policies required Cal-Farm to defend and/or indemnify the Whelan Estate in the Gonzalez lawsuit.

Wood’s argument that Cal-Farm must defend the Estate in the wrongful termination action rests solely on Maria Gonzalez’s cause of action for negligent infliction of emotional distress. Maria…