Panel Reverses Ruling In Favor Of Excess Insurer In Tainted Onions Coverage Suit
VENTURA, Calif. – There are issues of material fact regarding primary and excess insurers’ intent in entering into a tender agreement, a California appeals panel ruled Jan. 24, reversing a lower court’s orders in favor of the excess insurer in a dispute over $ 3.5 million that the primary insurer paid to settle a lawsuit arising from a deadly outbreak of hepatitis A caused by contaminated onions that were marketed by the wholesaler insured (National Fire Insurance Company of Hartford v. Great American Insurance Co., No. B225270, Calif. App., 2nd Dist., Div. 6).
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