Facts

Defendants David Du Tran and Thuyen Thi Tran owned a shopping mall and were insured under a general liability policy issued by plaintiffs Peerless Insurance Company and Golden Eagle Insurance Company. Defendants' employee was killed while working as a janitor at the shopping mall. Defendants did not carry workers' compensation on decedent, contending that he was an independent contractor. Decedents' survivors sued defendants. Plaintiffs defended and settled the wrongful death action, then pursued this recovery action against the defendants.

PLAINTIFF'S CONTENTIONS:
Plaintiffs contended that the decedent was the employee of defendants, and not an independent contractor, under all of the criteria set forth by the California Supreme Court in S.G. Borello & Sons Inc. v. Department of Industrial Relations, 48 Cal.3d 341 (1989). Therefore the general liability policy did not cover the defendants' liability arising from the decedent's accident pursuant to the employers' liability exclusion.

DEFENDANT'S CONTENTIONS:
Defendants contended that the decedent was an independent contractor, not an employee, and therefore defendants were covered.

Result

Summary judgment in favor of plaintiffs for $4,343,420.

Other Information

FILING DATE: Sept. 3, 2009.