News & Analysis as of

Insurance Litigation Independent Counsel

Morris, Manning & Martin, LLP

Ninth Circuit Finds Pollution Exclusion Creates Conflict Requiring Independent Counsel

The insureds were sued for alleged environmental contamination from the operation of a marine terminal and chemical storage facility. The claimants alleged that hazardous materials leaked from storage tanks over a fifty-year...more

Troutman Pepper Locke

D&O and Professional Liability 2023: A Year in Review

Troutman Pepper Locke on

The past year once again saw a breadth of court decisions addressing a wide variety of directors and officers and professional liability insurance coverage issues. At various levels, state and federal courts across the...more

Lowenstein Sandler LLP

Policyholders vs. Insurers: 3 Arguments to Make When Selecting Defense Counsel & Hourly Rates

Lowenstein Sandler LLP on

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

Nossaman LLP

Can The Insurance Industry Limit the Right to Independent Counsel?

Nossaman LLP on

A cornerstone of California law is that the duty to defend arises whenever the lawsuit against the insured seeks damages on any theory that, if proved, would be covered by the policy. Indeed the duty to defend is so broad...more

Carlton Fields

First Circuit: The Best Offense Is A Good Defense?

Carlton Fields on

In Mount Vernon Fire Ins. Co. v. VisionAid, Inc., No. 15-1351P2-01A (1st Cir. Nov. 15, 2017), the First Circuit Court of Appeals ended long-running insurance coverage litigation arising from policyholder VisionAid, Inc.’s...more

Haight Brown & Bonesteel LLP

Conclusory Allegations Held Insufficient to Support Declaratory Relief on Right to Independent Counsel or Allocation of Defense...

In Centex Homes v. St. Paul Fire & Marine Ins. Co. (No. E060057, filed 5/22/15), a California Court of Appeal held that a developer’s declaratory relief lawsuit seeking a declaration of the right to independent counsel was...more

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