Employer Says He Was Not An Employee And Doesn’t Pay Him, And Insurance Company Gets Off Because The Trial Court Said He Was An Employee.

Appellant is one of two truck drivers paid a lump sum for a cross-country haul. While appellant was sleeping, the other driver was in a one-vehicle accident, and the truck company refused to pay the lump sum because he did not finish the trip. The company also informed him he was not eligible for worker’s compensation because he was not an employee.  Appellant brought an action against the truck company for his injuries, and the company tendered the defense to its insurance company, the plaintiff and respondent in this appeal. The insurance company refused to defend and brought an action for declaratory relief, and the trial court granted the insurance company’s motion for summary judgment. The appellate court reversed, stating there are triable issues of fact whether appellant was an employee and whether he was eligible for worker’s compensation.  (Global Hawk Insurance Company v. Le (Cal. App. First Dist., Div. 2; April 14, 2014)225 Cal.App.4th 593, [170 Cal.Rptr.3d 403].)