LexisNexis® Legal Newsroom
Weekly LexisNexis Video News Update - June 21, 2010

Among the stories on this video edition of LexisNexis Legal News, investors of BP on June 8th filed a securities fraud class action against the company on behalf of shareholders worldwide, alleging the company misrepresented the safety of its Gulf of Mexico oil-drilling operations, and a key Chinese...

Emerging Issues Analysis: SNR Denton on New York Marine & General Insurance Co. V, Lafarge v. North America, Inc.

By William T. Barker, Partner, SNR Denton In New York Marine & General Insurance Co. v. Lafarge North America, Inc. (“NYMAGIC”) 593 F.3d 102 (2nd Cir. 2010), the Second Circuit pointed out limits to an insured’s right to be defended by independent counsel, rather than counsel...

Oregon Supreme Court Decision Upholding Two-Year Limitation May Implicate Attorney Fee Exposure in UM/UIM Claims

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 involves the Two-Year Limitation provision for...

New Oregon Court of Appeals Decision Broadens Proof of Loss for UIM Claims

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 Proof of Loss for Underinsured Motorist (UIM...

Arizona Appeals Court Takes Different Tack In Addressing Independent Counsel Fees

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 quote. I'm not that smart. I wouldn't...

Neal, Gerber & Eisenberg LLP: Comparing Illinois versus California Bad Faith Law

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 right out of my mouth, a California court in a recent...

Attorney Fees Money Bag and Gavel

Washington Court of Appeals Clarifies an Insurer's Subrogation Rights

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 Universal Ins. Co. of Kan. v. Ohio Cas. Ins...

Maryland Defendants Can Recover Attorneys' Fees Paid by Insurance Company

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. Greenfield [ enhanced version available to lexis.com...

Ten Most Significant Insurance Coverage Decisions Of 2013 – Idaho Supreme Court: No Covered Damages, But Coverage Still Owed For Plaintiffs’ Attorney Fees

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

Can a Suit Seeking Only Injunctive Relief and Prevailing Party Attorney Fees Trigger a CGL Insurer’s Duty to Defend?

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 available to lexis.com subscribers ], held that an...

Court’s Solution To Determining the Hourly Rate For Independent Counsel: Put It In The Policy

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 a court makes this decision for the insurer). Now...

California Court Considers Reimbursement of Legal Fees Under D&O Policy

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.com | Lexis Advance ] (C.D. Cal.), the United States District Court for the Central District of California had occasion to consider when...

A Win For Insurers: Nevada Supreme Court Adopts “Cumis” Rule

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 enhanced version of this opinion: lexis.com | Lexis...

Mississippi Court Holds Defense Costs Outside of Limits

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.com | Lexis Advance ], the United States District Court for the Southern District of Mississippi issued...

Nevada Adopts Cumis Independent Counsel Rule; Holds Reservation of Rights Is Not a Per Se Conflict

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 version of this opinion: lexis.com | Lexis Advance...

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”

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 using independent counsel; an insurer is found to...