Insurance Law

Recent Posts

SNR Denton on Lennar Corp. v. Transamerica Insurance Co.: Does a Right to Independent Counsel Entitle the Policyholder to Two Lawyers?
Posted on 21 Dec 2011 by William T. Barker

By William T. Barker, Partner, SNR Denton Lennar Corp. v. Transamerica Insurance Co. addressed the novel question whether an policyholder entitled to independent counsel could both accept representation by the counsel selected by the insurer and insist... Read More

New Appleman on Insurance Law Library Edition - § 16.04: The Tripartite Relationship Among the Insured, the Insurer and Insurer-Directed Defense Counsel
Posted on 22 Dec 2011 by LexisNexis Insurance Law Newsroom Staff

Section 16.04 of New Appleman on Insurance Law Library Edition deals with the relationship that exists between insureds, their insurers, and the insurer-directed legal counsel that insurers provide to their insureds. You can download a free copy of this... 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

New Matthew Bender Insurance Law Publication in One-Volume Looseleaf, Online and In e-Book Format
Posted on 2 Jan 2013 by LexisNexis Insurance Law Newsroom Staff

Insurance defense counsel have unique and complicated professional responsibilities arising from their dual relationships with the insured who is being defended and the insurer who is providing the defense and must pay the judgment or settlement (assuming... Read More

Insured Entitled To Independent Counsel Even When Being Defended WITHOUT A Reservation Of Rights (Court Rejects ALI Draft Principle)
Posted on 20 May 2014 by Randy J. Maniloff

When it comes to an insured’s right to retain independent counsel, when being defended by its insurer under a reservation of rights, there are some general rules of the road. In a few states a defense provided under a reservation of rights automatically... Read More

Responding to Independent Counsel Arguments Based on R.G. Wegman Construction Co. v. Admiral Insurance Co.
Posted on 1 Mar 2011 by William T. Barker

By William T. Barker, Partner, SNR Denton Counsel for insureds are likely to use the Seventh Circuit’s opinion in R.G. Wegman Construction Co. v. Admiral Insurance Co., 2011 U.S. App. LEXIS 679 (Jan. 14, 2011), as a basis to argue for broader... Read More

"Non-Trivial Probability" of Excess Judgment Obligates Insurer to Pay for Independent Defense Counsel
Posted on 17 Jul 2014 by Neal Gerber Eisenberg

The court in Perma-Pipe, Inc. v. Liberty Surplus Insurance Corporation , Case No. 13 C 2989, 2014 U.S. Dist. LEXIS 54867 (N.D. Ill. April 21, 2014), [ enhanced version available to lexis.com subscribers ], held that a CGL insurer breached its duty to... 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

Insurer Has No Duty to Pay for Independent Counsel and May Reassert Its Right to Control the Defense When the Insurer Withdraws the Reservation of Rights Triggering the Insured’s Right to Independent Counsel
Posted on 4 Mar 2014 by Troutman Sanders

Swanson v. State Farm General Insurance Co., 2013 Cal. App. LEXIS 759 [ enhanced version available to lexis.com subscribers ], presented an issue of first impression regarding whether an insurer has a duty to provide an insured with independent counsel... 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

American Bar Association Litigation Section Insurance Coverage Litigation Committee Mid-Winter Meeting
Posted on 14 Apr 2011 by William T. Barker

By William T. Barker, Partner, SNR Denton This meeting occurred in Tucson, Arizona, March 2-5, 2011, and was attended by over 350 registrants from both sides of the coverage bar (and some judges, professors, mediators, and providers of litigation... 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

New Appleman on Insurance Law Library Edition - § 16.04: The Tripartite Relationship Among the Insured, the Insurer and Insurer-Directed Defense Counsel
Posted on 22 Dec 2011 by LexisNexis Insurance Law Newsroom Staff

Section 16.04 of New Appleman on Insurance Law Library Edition deals with the relationship that exists between insureds, their insurers, and the insurer-directed legal counsel that insurers provide to their insureds. You can download a free copy of this... Read More

American Bar Association Litigation Section Insurance Coverage Litigation Committee Mid-Winter Meeting
Posted on 14 Apr 2011 by William T. Barker

By William T. Barker, Partner, SNR Denton This meeting occurred in Tucson, Arizona, March 2-5, 2011, and was attended by over 350 registrants from both sides of the coverage bar (and some judges, professors, mediators, and providers of litigation... Read More