Nat’l Fire Ins. Co. of Hartford v. Great American Ins. Company (March 1, 2017, B264238) 2017 WL 784661 [nonpublished opinion]

Hundreds of diners developed hepatitis, and several died, after consuming tainted green onions.  Two insurers of a company in the distribution chain agreed to transfer control of (at least) that company’s defense to the insurer with greater policy limits.  Years later, a jury found that the insurers’ agreement also required the receiving insurer to cover $3.5 million in defense costs for an additional insured company in the onion-distribution chain.  The Court of Appeal affirmed in full both the jury’s verdict and the denial of post-trial motions, marking the second appellate win in this case for GMSR’s client.

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