Insurance Law

Recent Posts

California Court Considers Reimbursement of Legal Fees Under D&O Policy
Posted on 21 Oct 2015 by Brian Margolies

In its recent decision in Clark v. Travelers Cas. Ins. Co. of America, 2015 U.S. Dist. LEXIS 114877 {subscribers can access an enhanced version of this opinion: | Lexis Advance ] (C.D. Cal.), the United States District Court for the Central... Read More

Ten Most Significant Insurance Coverage Decisions Of 2013 – Idaho Supreme Court: No Covered Damages, But Coverage Still Owed For Plaintiffs’ Attorney Fees
Posted on 7 Jan 2014 by Randy J. Maniloff

Employers Mutual Casualty Co. v. Donnelly, No. 38623, 300 P.3d 31 (Idaho April 19, 2013) [ enhanced version available to subscribers ], is a paradigm top 10 coverage case. It involves an issue that comes up with some regularity, there is a dearth... Read More

Court’s Solution To Determining the Hourly Rate For Independent Counsel: Put It In The Policy
Posted on 2 Oct 2014 by Randy J. Maniloff

It is an issue that has confronted us all and one with no easy answers. An insurer determines that, on account of a defense being provided under a reservation of rights, the insured is entitled to independent counsel, to be paid for by the insurer (or... Read More

Washington Court of Appeals Clarifies an Insurer's Subrogation Rights
Posted on 9 Oct 2013 by Bullivant Houser Bailey PC

By Daniel R. Bentson , Jerret E. Sale The Washington Court of Appeals recently clarified that primary insurers cannot sue other primary insurers on equitable subrogation grounds to recover extra-contractual damages or reasonable attorney fees. Trinity... Read More

Mississippi Court Holds Defense Costs Outside of Limits
Posted on 2 Nov 2015 by Brian Margolies

In its recent decision in Federal Ins. Co. v. Singing River Health System , 2015 U.S. Dist. LEXIS 134814 (S.D. Miss. October 2, 2015), [subscribers can access an enhanced version of this opinion: | Lexis Advance ], the United States District... Read More

Maryland Defendants Can Recover Attorneys' Fees Paid by Insurance Company
Posted on 11 Nov 2013 by Ballard Spahr LLP

by Robert A. Scott Litigants that have been forced to defend groundless litigation are entitled to recover their attorneys' fees even if those costs were paid by an insurance company, Maryland's highest court has ruled. In Worsham v.... Read More

New Oregon Court of Appeals Decision Broadens Proof of Loss for UIM Claims
Posted on 11 Aug 2011 by Bullivant Houser Bailey PC

By John R. Bachofner, Shareholder, Bullivant Houser Bailey PC The Oregon Court of Appeals has issued a decision in Hall v. Speer , 2011 Ore. App. LEXIS 998 (Or. Ct. App. July 20, 2011) that substantially broadens what will be considered a satisfactory... Read More

Oregon Supreme Court Decision Upholding Two-Year Limitation May Implicate Attorney Fee Exposure in UM/UIM Claims
Posted on 2 Nov 2010 by Bullivant Houser Bailey PC

John Bachofner, Shareholder, Bullivant Houser Bailey PC Anyone involved in uninsured/underinsured motorist ("UM/UIM") claims should carefully review today's Oregon Supreme Court decision in Bonds v. Farmers Insurance Co. of Oregon , which... Read More

A Win For Insurers: Nevada Supreme Court Adopts “Cumis” Rule
Posted on 21 Oct 2015 by Randy J. Maniloff

Tapas: Small Dishes of Insurance Coverage News & Notes Answering a Certified Question from a Nevada District Court, the Supreme Court of Nevada held as follows in State Farm v. Hansen, No. 64484 (Nev. Sept. 24, 2015), [subscribers can access an... Read More

Can a Suit Seeking Only Injunctive Relief and Prevailing Party Attorney Fees Trigger a CGL Insurer’s Duty to Defend?
Posted on 13 Mar 2014 by Seth Lamden

By Seth Lamden According to the court in Episcopal Church in South Carolina v. Church Insurance Company of Vermont , No. 2:13-cv-02475 (D.S.C. Jan. 6, 2014), the answer is “yes.” The court in that case [ enhanced version... Read More

Breach the Duty to Defend: Court Has Sobering Words for Insurers on the Rates to Be Paid to the Insured’s Counsel: “Reasonableness Inquiry Is Inappropriate”
Posted on 12 Nov 2015 by Randy J. Maniloff

The rates to be paid to the insured’s personal counsel is often-times an issue where there is not a lot of common ground between insurers and insureds. The issue arises in a few of different contexts: an insurer is obligated to defend an insured... Read More

Neal, Gerber & Eisenberg LLP: Comparing Illinois versus California Bad Faith Law
Posted on 1 Nov 2012 by Neal Gerber Eisenberg

By Jill Berkeley, Partner, Neal, Gerber & Eisenberg LLP As policyholder counsel in Illinois, we often must explain to our colleagues in California why there is no "bad faith" cottage industry among the Illinois bar. Taking the words... Read More

Nevada Adopts Cumis Independent Counsel Rule; Holds Reservation of Rights Is Not a Per Se Conflict
Posted on 3 Nov 2015 by Andrew B. Downs

The Nevada Supreme Court has adopted the "Cumis" independent counsel doctrine first adopted in California more than 30 years ago. In State Farm Mut. Auto. Ins. Co. v. Hansen , 131 Nev. Adv. Op. 74 (9/24/2015), [subscribers can access an enhanced... Read More

Arizona Appeals Court Takes Different Tack In Addressing Independent Counsel Fees
Posted on 12 Dec 2011 by Randy J. Maniloff

Will The Decision Now Go From Phoenix, Arizona All The Way To Tacoma, Philadelphia, Atlanta, L.A.? "I say put money in thy purse." Othello Act 1, scene 3 Randy J. Maniloff, White and Williams, LLP Don't be fooled by the Shakespeare... Read More