Policyholders vs. Insurers: 3 Arguments to Make When Selecting Defense Counsel & Hourly Rates
What is Subrogation and How Does it Affect Settlement Amounts?
In this episode, Eric Jesse explains ways to prevent your insurer from taking a one-size-fits-all approach to its defense obligations, from asserting your right to select your own counsel to challenging its definition of...more
In Vermont Mutual Insurance Company v. Poirier, the Massachusetts Supreme Judicial Court (SJC) ruled that attorney’s fees awarded under M.G. L. c. 93A are not covered by a Businessowner’s Liability Policy, because such fees...more
United States District Court Orders Insured To Produce Certain Pre-Litigation Documents But Not Others Deemed Work Product 99 Wall sued Allied World seeking coverage under a property policy for water losses at 99 Wall’s...more
Is an insured (or putative insured) entitled to recover its legal expenses if it is successful in coverage litigation? In some states, no. In many other states, yes – based on either a statute or common law. In New York...more
In 2009, the U.S. Court of Appeals for the Fifth Circuit definitively foreclosed awards of attorney fees in coverage litigation against insurance companies arising out of flood claims under policies written under the National...more
The Oregon Supreme Court, in Long v. Farmers Insurance Company of Oregon, ruled that “when an insured files an action against an insurer to recover sums owing on an insurance policy and the insurer subsequently pays the...more
The Nevada Supreme Court has adopted California’s independent counsel rules, holding that an insured is entitled to select its own counsel where an insurer’s coverage reservation creates an actual conflict of interest between...more
Good News for Corporate Policyholders: Insurer Cannot Refuse Coverage Based on Insured's Assignment of Rights Under Policies After Loss Has Occurred - Why it matters: Reversing its holding in a 2003 case, the Supreme...more
The California Supreme Court held in Hartford Casualty Insurance Company v. J.R. Marketing, L.L.C. (Squire Sanders) (8/10/2015 - #S211645) that if Cumis counsel, operating under a court order which such counsel drafted and...more
Many corporate executives may be under the impression that the defense costs they incur when sued for actions taken in their role as officers of the company would be covered by a “Management Protection” insurance policy. The...more
In New Jersey, if a policyholder is required to sue its insurance company for coverage, Court Rule R.4:42-9 allows a policyholder to recover attorneys’ fees if it is successful in obtaining coverage. The purpose of this...more
In D.R. Horton, Inc.—Denver v. Mountain States Mutual Casualty Co., No. 12-cv-01080 (February 25, 2013), another U.S. District Court judge for the District of Colorado determined a liability insured seeking defense costs from...more