Boeing Co. v. Continental Casualty Co.

Plaintiff and appellant The Boeing Company (Boeing) appeals a judgment of dismissal following the sustaining without leave of a demurrer interposed by defendant and respondent Continental Casualty Company (Continental) to Boeing’s first amended complaint.

Boeing contends it was entitled to a defense by Continental in an underlying action because it qualified as an additional insured under a commercial general liability policy issued by Continental.

We conclude Boeing is incapable of alleging status as an additional insured and therefore affirm the judgment of dismissal.

FACTUAL AND PROCEDURAL BACKGROUND

1. Events leading up to the instant lawsuit.

Christmas in April USA (CIA) is a nonprofit corporation based in Washington, D.C. CIA enlists volunteers to repair and rehabilitate the homes of low-income, elderly and disadvantaged persons. CIA solicits companies such as Boeing to encourage its employees to volunteer for reconstruction projects.

On April 28, 2001, Todd Black (Black), an employee of California State University at Long Beach (CSULB), allegedly was injured while working as a volunteer on a CIA project at the home of Sam and Annie Nichols (Nichols) in Long…