Wong

Respondent State Compensation Insurance Fund (State Fund) issued a workers’ compensation and employer’s liability insurance policy to appellants Warren W. Wong and George Ewers, individually, and W. Wong, Ewers & Co., a general partnership (collectively Wong). Gregory McClellan filed a suit in superior court seeking damages from Wong for an alleged constructive wrongful termination. Wong tendered the defense of the suit to State Fund, but State Fund contended it had no duty to defend the suit. The superior court agreed, and granted State Fund’s motion for summary judgment in a suit brought by Wong against State Fund. Wong has appealed. We hold the court erred in granting the motion for summary judgment, and therefore reverse.

Facts and Procedural History

The undisputed facts indicate that State Fund issued Wong an insurance policy designated as a “Workers’ Compensation & Employer’s Liability Insurance Policy,” which policy was in effect during the relevant period in question here. Part 1 of the policy is designated “Workers’ compensation insurance” and indicates “This workers’ compensation insurance applies to bodily injury by accident or bodily injury by disease,…