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SHADE FOODS v. INNOVATIVE PROD. SALES

No. A080316.

93 Cal.Rptr.2d 364 (2000)

78 Cal.App.4th 847

SHADE FOODS, INC., Plaintiff and Appellant, v. INNOVATIVE PRODUCTS SALES & MARKETING, INC., Defendant, Cross-complainant and Appellant; Royal Insurance Company of America, Defendant and Appellant; Northbrook National Insurance Company, Defendant, Cross-defendant and Appellant.

Court of Appeals of California, First District, Division One.

As Modified on Denial of Rehearing March 29, 2000.

Attorney(s) appearing for the Case

Joseph A. Hearst, Esq., Berkeley, Pillsbury, Madison & Sutro LLP, Reginald D. Steer, Esq., For Plaintiff and Appellant Shade Foods, Inc.

Emerich, Pedreira & Fike, David A. Fike, Esq., Fresno, For Defendant, Cross-complainant and Appellant Innovative Products Sales & Marketing, Inc.

Musick, Peeler & Garrett LLP, David A. Tartaglio, Cheryl A. Orr, Esq., Los Angeles; Lynch, Gilardi & Grummer, Richard S. Gilardi, Esq., San Francisco, Susan M. Carbone; Stephan, Oringher, Richman & Theodora, Ginsburg, Stephan, Oringher & Richman, P.C., Harry W. R. Chamberlain II, Esq., Los Angeles, and Robert M. Dato, For Defendant and Appellant Royal Insurance Company of America.

Ropers, Majeski, Kohn & Bentley, Susan H. Handelman, Esq., Redwood City, For Defendant, Cross-defendant and Appellant Northbrook National Insurance Company.

SWAGER, J.

Two insurance carriers, Northbrook National Insurance Company (Northbrook) and Royal Insurance Company of America (Royal) appeal from a judgment awarding compensatory and punitive damages to two insureds, Innovative Products Sales & Marketing, Inc. (IPS) and Shade Foods, Inc. (Shade). We reverse the judgments for punitive damages and modify a portion of the judgment pursuant to the other-insurance clause in the policies but otherwise affirm.

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