Cases: Insurance – Page 7 – Cal Attorneys Fees

Off Topic: Falling D&O Coverage Raises Fears of More Difficult Settlements of Plaintiff Securities Class Actions/Derivative Suits

April 21, 2009

Settlements May Depend More on Personal Contributions from Sued Officers and Directors, Reports Recent Article from The National Law Journal. According to Amanda Bronstad’s April 17, 2009 article, “As D&O Coverage Falls, Plaintiffs Lawyers Fees at Risk,” published in The National Law Journal and available for reading at LAW.COM, plaintiff shareholder actions—mainly securities class […]

In-House Counsel Fee Shifting Compensation: Lodestar Is the Presumptive Measure

Cases: Insurance, Cases: Lodestar, Cases: Section 1717

April 11, 2009

PLCM Is the Leading Case Under Civil Code Section 1717, And Likely In Other Contexts. We would like to thank Michael J. Ireland, General Counsel of Majestic Investment Group in Woodland Hills, for this message: “I don’t know if there are many of us out there, but I would like to see cases discussing

Postscript to Ivers v. Allstate

Cases: Allocation, Cases: Insurance

February 25, 2009

Petition Pending in California Supreme Court One of the pleasures of blogging is that it is interactive, and we hear (if one can hear email) frequently from our readers. Jeffrey I. Ehrlich, one of the appellate lawyers in Ivers v. Allstate, 2008, WL 5197119 (3d Dist. December 12, 2008) (unpublished), a case reported by

Brandt Fees: Great Illustration On How To Apportion Fees Correctly

Cases: Allocation, Cases: Insurance

January 8, 2009

Fourth District, Division One Decision Shows the Right Way to Do It! In our category “Cases: Insurance,” we have highlighted the Brandt fees apportionment issue for insureds obtaining fee awards in their favor for purposes of recouping benefits under their insurance policies. The next case is a good illustration on how to properly

Cumis Fee Arbitration: “To Arbitration We Shall All Go”—“Mixed” Action With Bad Faith Allegations Does Not Take Cumis Dispute Out Of Arbitration Statute.

Cases: Insurance

December 18, 2008

Second District, Division Seven Disagrees With Reasoning in Younesi. In the absence of contractual arbitration or other alternative dispute resolution process agreed upon by the interested parties, Civil Code section 2860(c) mandates final and binding arbitration of any state court dispute between the insured and insurer over fees to be reimbursed to insured's independent

Brandt Fees: Don’t Be Stubborn—Apportion!

Cases: Allocation, Cases: Insurance

December 13, 2008

Third District Affirms Refusal to Award Any Fees to Insured Who Balked at Apportionment. Co-contributors Marc and Mike have written an article, “When The American Rule Doesn’t Apply: Attorney’s Fees As Damages In California Litigation,” published in 21 California Litigation, No. 3, at pages 19, 22-24 (2008), which has a discussion on attorney’s fees

Co-Insurer Ordered To Contribute Fees To Defense Costs Of Settlement Reached In Mobilehome Residency Violations Case And To Pay Portion of Stipulated Fees Awarded To Plaintiffs In The Underlying Settlement

Cases: Insurance

November 21, 2008

Stipulated Amount of Fees Found To Be “Taxed Costs” Under Insurance Policy, Second District Holds, in Affirming Fee Awards Against Co-Insurer. We welcome insurance coverage practitioners to our site through our review of a Second District unpublished decision involving a co-insurer’s contribution for defense fees/costs and payment of a portion of the fees paid