Commercial Union Ins. Co. v. Rose's Stores, Inc.

Plaintiff Commercial Union Insurance Company sought a declaration that it was not obligated to defend, as additional insureds, under a comprehensive general liability policy, two employees of Rose's Stores, Inc., against claims for bodily injury brought by another employee of Rose's. Circuit Judge Elwood Hogan held that under the terms of the policy, the Company was bound to defend the two employees because the policy was clearly intended to cover an employee of Rose's against a claim by a co-employee for bodily injuries or personal injuries. We do not agree.

The facts of the case are…