Miller v. American Home Assurance Co.

Plaintiff and appellant Elayne Miller appeals from a summary judgment entered in favor of American Home Assurance Company (American Home) in her action to recover as a judgment creditor of David Statzell under American Home’s liability insurance policy. Appellant had previously obtained a default judgment against Statzell in an action for personal injuries. Plaintiff claims the trial court erred in finding American Home had no duty to defend Statzell and that Statzell was not an “additional insured” under American Home’s liability insurance policy. We affirm the judgment of the court below.

I. Background

On February 8, 1989, plaintiff was injured when David Statzell collided with her on the ski slopes at Kirkwood Meadows Ski Resort (Kirkwood). Kirkwood was insured by defendant American Home under a comprehensive general liability insurance policy. Under the caption “Additional Insured,” the policy states, “It is agreed that the ‘Persons Insured’ provision is amended to include any employee ... of the name insured while acting within the scope of his duties as such . . . .’’At the time of the accident, Statzell worked as a cashier/manager at the Timber Creek Lodge…