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BUSINESS TO BUSINESS v. ZURICH SPECIALTIES

No. B175388.

37 Cal.Rptr.3d 295 (2005)

135 Cal.App.4th 165

BUSINESS TO BUSINESS MARKETS, INC., Plaintiff and Appellant, v. ZURICH SPECIALTIES et al., Defendants and Respondents.

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

As Modified January 10, 2006.

Attorney(s) appearing for the Case

Esner & Chang, Stuart B. Esner, Los Angeles, and Andrew N. Chang, Oakland, for Plaintiff and Appellant.

Wilson, Elser, Moskowitz, Edelman & Dicker, Martin K. Deniston, Robert Cooper, and Daniel H. Lee, Los Angeles, for Defendants and Respondents.

RUBIN, J.

FACTS AND PROCEDURAL BACKGROUND1

In July 2000, appellant Business to Business Markets, Inc., also known as "B2B," hired Tricon Infotech, an Indian software company, to write a custom-made computer program for B2B's business. One term of their contract obligated Tricon to carry an errors and omissions insurance policy to compensate B2B if Tricon failed to deliver the promised software.

B2B thereafter contacted...

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