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  5. 111 Cal.Rptr.2d 181 (2002)
 

JAMES 3 CORP. v. TRUCK INS. EXCHANGE

No. H020687.

111 Cal.Rptr.2d 181 (2002)

91 Cal.App.4th 1093

JAMES 3 CORPORATION et al. Plaintiffs and Appellants, v. TRUCK INSURANCE EXCHANGE, Defendant and Respondent.

Court of Appeals of California, Sixth District.

As Modified August 23, 2001.

Review Denied November 14, 2001.

Attorney(s) appearing for the Case

Michael R. Simmonds, Wineberg, Simmonds & Narita, San Francisco, Attorney for Plaintiffs and Appellants.

Ralph E. Mendell, Campbell, Warburton, Fitzsimmons, Smith, Mendell & Pastore, San Jose, Attorneys for Defendant and Respondent.

WUNDERLICH, J.

James 3 Corporation and its president, James R. Stanclift, were sued by a competitor in federal court. They tendered the defense of the lawsuit to their business liability insurer, Truck Insurance Exchange, which accepted the tender subject to a reservation of rights. Truck then retained counsel to provide the insureds with a defense. The insureds objected to being represented by retained defense counsel and, citing an alleged conflict of interest,...

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