Whiteside

MEMORANDUM *

Whiteside appeals the district court’s grant of summary judgment in favor of Florists’ Mutual Insurance Company, contending that Florists’ Mutual owed a duty to defend Whiteside in an action by her former employee for intentional infliction of emotional distress. Whiteside also argues that Florists’ Mutual acted in bad faith by fading to respond to her claim. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review the .district court’s grant of summary judgment de novo, see Weiner v. San Diego County, 210 F.3d 1025, 1028 (9th Cir.2000), and affirm in part and reverse in part.

Because the parties are familiar with the facts, we will not recite them in detail except as necessary.

Whiteside argues that the district court erred in ruling that Florists’ Mutual had no duty to defend her in a suit brought by her former employee for intentional infliction of emotional distress. An insurer has a duty to defend a claim that potentially seeks damages within the policy’s coverage. See Gray v. Zurich, 65 Cal.2d 263, 274 , 54 Cal.Rptr. 104 , 419 P.2d 168 (1966). Florists’ Mutual’s policy provided coverage only for “occurrences,” which is defined in the policy to mean an…