In a case involving a vendor’s employee injured on a store’s premises, Stacy Fulco tendered the defense and indemnification of the case to the plaintiff’s employer based on a contract. The tender was denied and the case continued. The plaintiff claimed that the initial fall resulted in a torn meniscus and aggravation of arthritis. The plaintiff underwent arthroscopic knee surgery and later had a knee replacement which he also claimed was related to the fall. Approximately 2 ½ years after the incident the plaintiff’s knee gave out causing him to strain his back. This aggravated his pre-existing back problems and arthritis leading to a back fusion. The plaintiff claimed the knee gave out because of the aggravation of the arthritis caused by the fall at Dominick’s. The plaintiff was ultimately unable to return to work because of his knee replacement. The plaintiff demanded $2.2 million for settlement. Stacy filed a declaratory judgment action against the plaintiff’s employer based on the denial of tender. Immediately before mediation, the plaintiff’s employer’s insurer accepted the tender of defense and indemnification of Stacy’s client without reservation. The mediation went forward and the carrier had Stacy appear at the mediation to argue the case on its behalf, even though it had counsel in the matter. Also, after settlement, Stacy was able to get full reimbursement of prior litigation expenses for its client since the date of tender.