Business to Business Markets v Hoyla Ins. Group

Filed 2/13/07  Business to Business Markets v Hoyla Ins. Group CA2/8

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b).  This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION EIGHT

            APPEAL from the judgment of the Superior Court of Los Angeles County.  Irving  S. Feffer, Judge.  Affirmed in part, reversed in part and remanded.

            Esner, Chang & Ellis, Stuart  B. Esner and Andrew  N. Chang, for Plaintiff and Appellant.

            Stone, Rosenblatt & Cha, John S. Cha and Robin M. McConnell, for Defendant and Respondent.

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            Business to Business Markets, Inc. appeals from the judgment following a jury verdict for Hoyla Insurance Group, Inc.  We affirm in part, and reverse and remand for retrial.

FACTS AND PROCEDURAL HISTORY

            Appellant Business to Business Markets, Inc. (B2B) planned to start an on-line business.  To do so, B2B hired Tricon, a company based in India, to develop software for B2B's website. Under its contract, Tricon engaged to do some of its development work in India and the rest in the United States.  To compensate B2B in case it did not deliver usable software, Tricon also promised to get $1 million in errors and omissions insurance coverage.

            Tricon asked respondent insurance broker Hoyla Insurance Group, Inc. to find an errors and omissions policy.  In reviewing Tricon's insurance application, David Harwell of Hoyla noticed that although Tricon had an American office in Georgia, it earned a â€