After suits were filed 49ers requested defense and indemnity from First Mercury, citing the service agreement. And the insurer accepted the request and the suit were meant to divide costs. The costs were to divide with Great Divide of the underlying suit and settlement. The Court’s pervious decision to Patel case was duty to defend finding, as improper and wasteful. Lead to a battle among the insurers and had continued to not share in the cost of defending a suit brought before them from the California’s courts. As the insurers began to battle Great Divide tried to dismiss the
