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
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
By Tyler Gerking On May 5, the California Supreme Court heard argument, [ briefs available to lexis.com subscribers ], in a case that has the potential to profoundly change the relationship between the insurer, its insured and the insured’s... Read More
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 lexis.com subscribers ], reversed the trial court’s... Read More
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 lexis.com subscribers ]. In St. Paul Fire , the Central District of California held that it lacked subject... Read More
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
By Erica Villanueva A recent unpublished decision from California’s Second Appellate Division highlights one of the most common mistakes lawyers make when obtaining insurance coverage for the defense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
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
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
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
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
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