Insurance Law

Recent Posts

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

Recent Developments in California Bad Faith Law and Related Trends
Posted on 29 Sep 2014 by Tyler C. Gerking

By Tyler Gerking On July 29, 2014, I spoke on a panel about recent developments in California bad faith law and related trends. My co-presenter was Robert K. Scott of The Law Offices of Robert K. Scott, and we gave the presentation at ACI’s 28th... Read More

Ten Most Significant Insurance Coverage Decisions Of 2014 – Opinion-aided: Courts Granting Policyholders Access To Outside Coverage Counsel’s Opinion Letters
Posted on 24 Dec 2014 by Randy J. Maniloff

Sometimes a coverage case, especially from a trial court, is selected as one of the year’s ten most significant -- but it is not really so. Rather, it is chosen as a representative of a series of similar cases decided that year. In other words,... 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 Did Not Breach any Duty by Settling Claims without Insured’s Consent and Prior to Appointing Counsel
Posted on 3 Sep 2015 by Troutman Sanders

In American Western Door , the Central District of California granted a CGL carrier’s motion to dismiss an insured’s complaint and held that a carrier has the right to settle covered claims without the participation of the insured. American... Read More

Insurer’s Duty to Defend Did Not Arise until Insurer Was Provided with All Necessary Information to Determine the Existence of Coverage
Posted on 26 Aug 2015 by Troutman Sanders

Carrier’s Right to Control the Defense Includes the Right to Appoint Counsel of Its Choosing and to Settle Claims without the Participation of the Insured Travelers Prop. Cas. Co. of Am. v. Kaufman & Broad Monterey Bay, Inc ., 2015 U.S. Dist... 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 Advance ]. In that case, the California Court of Appeal... 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

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

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 subscribers ], a case considering whether... 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