prod.liab.rep.(cch)p 11,105 Bert E. Bloch, a Single Man v. Arrowhead-Puritas Waters, Inc., a California Corp.

Bert E. Bloch appeals the grant of summary judgment in favor of Arrowhead-Puritas Waters, Inc. We affirm.

FACTS:

Bert E. Bloch was injured in 1978 while handling a glass water bottle supplied by Crystal Bottled Waters (Crystal). Bloch filed a claim with Crystal, and Crystal’s liability carrier notified Arrowhead-Puritas Waters, Inc. (Arrowhead) of Bloch’s claim. Crystal asserted that Arrowhead was the manufacturer of the bottle and requested that Arrowhead assume the defense of Bloch’s claim. Arrowhead requested proof of its liability, but Crystal did not respond and treated Arrowhead’s letter as a denial of the request to defend Crystal.

On September 19, 1980, Bloch filed an action in state court against Crystal. On May 11, 1982, counsel for Crystal tendered the defense of Bloch’s suit to Arr°whead by letter. Arrowhead did not respond, and Crystal’s counsel did not follow-up. In September 1982, Crystal and Bloch entered into a Damron agreement, see Damron v. Sledge, 105 Ariz. 151 , 460 P.2d 997 (1969), limiting Crystals liability and assigning to Bloch any rights Crystal might have to indemnification from Arrowhead. Arrowhead was not notified of the agreement. Bloch’s action…