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California Court of Appeal

Food Pro Int'l, Inc. v. Farmers Ins. Exchange, H031178

In connection to a tort claim brought by an injured construction worker against plaintiff, judgment in favor of defendant-insurer in plaintiff-insuree's claim for breach of contract and breach of implied covenant of good faith and fair dealing is reversed where: 1) there was no merit to plaintiff's punitive damages argument; but 2) the trial court erred in finding that defendant-insurer had no duty to defend plaintiff.

Appellate Information

  • Decided 12/30/2008
  • Published 12/30/2008


  • MIHARA, J.


  • California Court of Appeal


  • For Appellant:
  • Frank T. Zumwalt, The Zumwalt Law Firm, APC, Modesto, Daniel B. McCarthy, Austin & Cannon, for Appellant.

  • For Appellees:
  • Harry W.R. Chamberlain II, Robert M. Dato, Efrat M. Cogan, Buchalter Nemer, Los Angeles, Lee J. Danforth, Lisa A. Costello, Coddington, Hicks & Danforth, Redwood City, for Respondent.
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