Insurance Law

Recent Posts

Encore: The Springsteen-Quoting Coverage Case Judge Strikes Again
Posted on 26 Mar 2015 by Randy J. Maniloff

In the last issue of Coverage Opinions I wrote about a recent opinion , from Judge Jonathan Goodman, of the Southern District of Florida, quoting lyrics from Bruce Springsteen’s song, “No Surrender,” to make the point that, while not... Read More

Independent “Cumis” Counsel Now Face Direct Claims for Reimbursement From Insurers
Posted on 28 Sep 2015 by Dennis Cusack

On April 30, 2015, we blogged about Hartford Casualty Insurance Company v. J.R. Marketing, LLC , Case No. S211645, then set for oral argument in the California Supreme Court. The Court decided the case on August 10, 2015, [subscribers can access an enhanced... Read More

California’s “Independent” Cumis Counsel Regime Faces A Novel Challenge
Posted on 1 Jul 2015 by Tyler C. Gerking

By Tyler Gerking On May 5, the California Supreme Court heard argument, [ briefs available to subscribers ], in a case that has the potential to profoundly change the relationship between the insurer, its insured and the insured’s... Read More

Insurer Failure to Pay Defense Costs Excused by Insured Failure to Prove-Up Fees
Posted on 9 Mar 2015 by Neal Gerber Eisenberg

By Jill Berkeley , Partner, Neal, Gerber & Eisenberg LLP In Country Mut. Ins. Co. v. Hilltop View, LLC , 2014 IL App (4th) 140007, the appellate court, [ enhanced version available to subscribers ], reversed the trial court’s... Read More

Court Dismisses Insurers’ Coverage Action Against Their Insureds for Allegedly Failing to Consent to Insurers’ Choice of Counsel, Because the Insurers’ Claims Were Not Ripe at the Time They Were Filed
Posted on 4 Jun 2015 by Troutman Sanders

St. Paul Fire & Marine Ins. Co. v. Centex Homes , 2014 U.S. Dist. LEXIS 145882 (C.D. Cal. Oct. 7, 2014), [ enhanced version available to subscribers ]. In St. Paul Fire , the Central District of California held that it lacked subject... 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

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

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

Insurer Appointed Lawyer’s Duty is to Client It Was Retained to Defend – Conflict of Interest Required To Remove Counsel
Posted on 25 Jun 2015 by Barry Zalma

Insurance companies have the right and obligation to choose counsel to defend its insureds. Counsel retained by an insurer to defend an insured, contrary to the belief of many, is obligated solely to represent the rights, duties, obligation and defenses... Read More

Opinion-aided: Courts Granting Policyholders Access To Outside Coverage Counsel’s Opinion Letters
Posted on 21 Aug 2014 by Randy J. Maniloff

There have been several decisions of late, from courts across the country, addressing whether a policyholder, in coverage litigation, is entitled to discover the coverage opinions (lower case) prepared for an insurer by its outside coverage counsel. Of... 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

Insurance & The Absolute Litigation Privilege – Lawyers Are Obligated To Vigorously Defend Their Clients
Posted on 10 Aug 2015 by Barry Zalma

No one likes to lose a lawsuit. Unable to accept that the case they brought was not viable or their own lawyers were incompetent, the losers strike out at whoever they can strike at, usually, the lawyers for their opponents. Lawyers are required, by their... Read More