Berger Kahn Principal Sherman Spitz represented a large company in a case that was subsequently defended upon appeal years later, thanks, in part to the groundwork laid by Spitz in the initial case. Kmart Corp. v. Hartford Fire Ins. Co., 2013 Cal. App. Unpub. LEXIS 6841, 2013 WL 5357041 (Cal. App. 2d Dist. Sept. 25, 2013) is a result arising from Spitz’s original trial. In it, the judge ruled that the insurer had breached its duty to defend by not agreeing to defend. The appellate court reversed the trial judge’s decision denying the insurers request to be reimbursed for the defense fees it paid. Kmart Corporation v. Hartford Fire Insurance Company defended the appeal, and also won its cross appeal and recovered around $100,000 in defense fees. Read the case…