Insurance Law

Recent Posts

CA Court of Appeals Confirms that Insured Need Not Accept 2860 Rate Caps For Work Done After Tender, But Before Insurer Accepts Defense
Posted on 24 Feb 2015 by Erica Villanueva

By Erica Villanueva A recent unpublished decision from California’s Second Appellate Division highlights one of the most common mistakes lawyers make when obtaining insurance coverage for the defense of a lawsuit: accepting the insurer’s... Read More

California Supreme Court Allows Insurer to Seek Reimbursement of Excessive Legal Fees Directly from Cumis Counsel Under Narrow Facts of Case
Posted on 10 Sep 2015 by Troutman Sanders

By Monique M. Fuentes and Michael McCarthy Hartford Casualty Ins. Co. v. J.R. Marketing, L.L.C. , California Supreme Court Case No. S211645 (Filed August 10, 2015), [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance... Read More

New York Court Says N-O To Reimbursement Of Defense Costs: Most Extensive N.Y. Case To Address The Issue
Posted on 5 Mar 2015 by Randy J. Maniloff

I’ve been saying for years that reimbursement of defense costs can be an overrated issue. It is the CATS of coverage issues. First, many states – especially lately -- have rejected an insurer’s right to seek reimbursement of defense... Read More

Submitting Your Defense Bills to Insurers Could Mean Waiving Privilege
Posted on 7 Jul 2015 by Erica Villanueva

By Erica Villanueva Recently, the California Court of Appeal decided County of Los Angeles Board of Supervisors v. Superior Court , 235 Cal. App. 4th 1154 (2015), [ enhanced version available to lexis.com subscribers ], a case considering whether... Read More

Setting Up a Successful Negotiation Regarding “2860 Rates”
Posted on 2 Oct 2014 by Erica Villanueva

By Erica Villanueva “The insurer’s obligation to pay fees to the independent counsel selected by the insured is limited to the rates which are actually paid by the insurer to attorneys retained by it in the ordinary course of business... Read More

Court Provides A Clinic In Sometimes Overlooked Coverage Issue
Posted on 29 Jan 2015 by Randy J. Maniloff

When an insurance company is evaluating whether to file a declaratory judgment action or defend one filed against it, the principal issues under consideration are likely to be its chance of success and the amount of attorney’s fees that it will... Read More

California Supreme Court Will Review Appellate Decision Holding That Attorney Bills Are Privileged
Posted on 24 Sep 2015 by Erica Villanueva

In June, I blogged about County of Los Angeles Board of Supervisors v. Superior Court , 235 Cal. App. 4th 1154 (2015), [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ]. In that case, the California Court of Appeal... Read More