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MIDIMAN v. FARMERS INS. EXCH.

No. B121020.

90 Cal.Rptr.2d 85 (1999)

76 Cal.App.4th 102

MIDIMAN et al., Plaintiffs and Appellants, v. FARMERS INSURANCE EXCHANGE, Defendant and Appellant.

Court of Appeals of California, Second District, Division Four.

As Modified December 3, 1999.

Ordered Not Officially Published May 10, 2000.

Attorney(s) appearing for the Case

The Ford Law Firm, William H. Ford III, George H. Kim and Paul C. Cook, Los Angeles, for Plaintiffs and Appellants.

Tharpe & Howell, Timothy D. Lake, Stacey A. Miller; Pretty, Schroeder & Poplawski, Robert A. Schroeder, Los Angeles; Greines, Martin, Stein & Richland, Irving H. Greines, Robin Meadow and Robert A. Olson, Beverly Hills, for Defendant and Appellant.

CURRY, J.

An insured company contends it was forced to settle copyright and trademark infringement claims when its insurer refused to provide Cumis counsel.1 The issue raised by this appeal is whether the insured was entitled to a presumption establishing (1) that the underlying claim was legitimate and that the insured was liable in the amount which it agreed to pay in settlement...

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