FOOD PRO INTERNAT., INC. v. FARMERS INS. EXCHANGE

No. H031178.

169 Cal.App.4th 976 (2008)

FOOD PRO INTERNATIONAL, INC., Plaintiff and Appellant, v. FARMERS INSURANCE EXCHANGE, Defendant and Respondent.

Court of Appeals of California, Sixth District.

December 30, 2008.


Attorney(s) appearing for the Case

The Zumwalt Law Firm, Frank T. Zumwalt; Austin & Cannon and Daniel B. McCarthy for Plaintiff and Appellant.

Buchalter Nemer, Harry W.R. Chamberlain II, Robert M. Dato, Efrat M. Cogan; Coddington, Hicks & Danforth, Lee J. Danforth and Lisa A. Costello for Defendant and Respondent.


OPINION

MIHARA, J.

An injured construction worker brought a tort action against appellant Food Pro International, Inc. (Food Pro), relating to an injury at a food processing plant. Food Pro tendered defense of both the worker's action and a related action to its insurance carrier, respondent Farmers Insurance Exchange (Farmers). Farmers denied coverage, and this action against Farmers for breach of contract and breach of the implied covenant...

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