Cases: Insurance

Insurance Policy Construction: Second District, Division Three Affirms That Insured Cannot Recover Fees For Defense Of Noncovered Claim Under Supplementary Payment Provisions

Cases: Insurance

Appellate Panel Affirms Trial Court Determination that Insurer Had No Obligation to Pay Hefty Fee Award.      For your insurance coverage practitioners, the next one is for you.      State Farm General Insurance Co. v. Mintarsih, Case No. B202888 (2d Dist., Div. 3 June 25, 2009) (certified for publication) decided that an insurer had no […]

Insurance: Brandt Fees—Provide Your Fee Agreement … Or Risk Bad Things!

Cases: Insurance

Fourth District, Division One, in Unpublished Decision, Strongly Urges Disclosure of Fee Arrangement Between Client and Attorneys in Brandt Setting.      In our category “Insurance,” we previously explored an insured’s ability to recoup Brandt fees for pursuing the benefits of contractual benefits under an insurance policy. In fact, the co-contributors to this blog have written

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

Cases: Insurance, Off Topics

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

Postscript to Ivers v. Allstate

Cases: Allocation, Cases: Insurance

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 December 12, 2008) (unpublished), a case reported by

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

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

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

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

Scroll to Top