In Golden Eagle Ins. Corp. v. Rocky Cola Cafe, Inc. (2001) 94 Cal.App.4th 120, a waitress formerly employed at the insured's restaurant filed suit against the insured and several of its employees, seeking damages for harassment and defamation, among other causes of action. Her complaint alleged she had become sexually involved with her shift supervisor at work, that after her passion had cooled, he continued to pursue her, following her to a gym where, in the presence of others, he "humiliated her with coarse and abusive remarks about her body." (Id. at p. 123.) The insured tendered the defense to its insurer; the latter declined the tender, invoking the policy's ERP exclusion, and sought declaratory relief. (Id. at pp. 122-123.) The trial court ruled the plaintiff's complaint raised a duty to defend and granted the insured summary judgment; the Court of Appeal affirmed.