Insurance Litigation, Litigation Fees & Costs

No Exceptions (Unless Prescribed by Law): Court Grants Motion to Preclude Attorneys’ Fees Even Though Carrier Will “Not Entertain”...

Zelle LLP on 8/27/2025

In this case, Safeco Insurance Company of Indiana (“Safeco”) issued a residential policy to Venugopal Muriki (the “Insured”) covering the Insured’s dwelling. On December 10, 2024, the Insured submitted a claim with Safeco...more

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

Lowenstein Sandler LLP on 6/20/2023

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

Stateless Amber Heard: The Legal Loophole to Avoid Being Sued in Federal Court

Butler Weihmuller Katz Craig LLP on 4/21/2023

The Johnny Depp-Amber Heard trial captured the world’s attention in 2022. Two years after the couple divorced, Heard described surviving domestic violence in an op-ed for The Washington Post. Although Heard never mentioned...more

Appellate Court Holds Entitlement to Fees and Costs Award Under Section 768.79 Does Not Require Defendant’s Settlement Offer...

Butler Weihmuller Katz Craig LLP on 11/30/2021

Few things play a more sizable factor in litigation than attorney’s fees. They incentivize suing as much as they do settling. The prospect of liability for the other side’s fees is a long shadow cast by every case, whether it...more

Outlier Decision of New York Appellate Court Denies Insurer’s Right to Recoup Defense Costs Even Though Court Found No Duty to...

Carlton Fields on 2/1/2021

Recoupment of defense costs (defense fees and costs) by insurers in the absence of a duty to indemnify under a liability policy is an unsettled issue in many states. In a recent decision, a New York intermediate appellate...more

Sanctions Carve-Out Bars Coverage for Show Cause Order Issued to Attorney

Wiley Rein LLP on 11/4/2020

The United States District Court for the District of Colorado, applying Colorado law, has held that a professional liability insurer was not obligated to defend an attorney accused of discovery misconduct. The court ruled...more

Delaware Supreme Court Applies Plain Meaning of Insurance Policy Language to Reverse $48 Million Defense Cost Award

White and Williams LLP on 11/7/2019

An unbroken sequence of Delaware trial court decisions have reflected strong pro-policyholder leaning in insurance cases in furtherance of the state’s pro-business model. Following the most recent of these pro-policyholder...more

Issues to Consider when Evaluating Cyber Coverage in Light of the CCPA and Other State Privacy Laws

Akin Gump Strauss Hauer & Feld LLP on 11/4/2019

With the expansion of privacy legislation—from the General Data Protection Regulation (GDPR) in Europe to the coming California Consumer Privacy Act (CCPA) in the United States—cyber liability insurance is taking on increased...more

Delaware Court Adopts Pillsbury Theory that Shareholder Appraisal Actions Are Covered Securities Claims Under D&O Policies

Pillsbury - Policyholder Pulse blog on 8/30/2019

Pillsbury secured an important victory for its client, Solera Holdings Inc., when Delaware Superior Court Judge Abigail LeGrow held—in a matter of first impression anywhere in the country—that a shareholder appraisal action...more

Non Party PI Insurers Liable for Costs

BCLP on 2/14/2019

In the January 2019 case of “Various Claimants v Giambrone” the English Court has awarded a non-party costs order against AIG, the law firm’s professional indemnity insurer. The Court’s decision appears to have applied a very...more

Code of Civil Procedure Section 998 Penalties Apply to Insurer that Defends Action in Name of Insured’s Estate Under Probate Code...

Haight Brown & Bonesteel LLP on 12/4/2018

In Meleski v. Estate of Hotlen (No. C080023, filed 11/29/18), a California appeals court held that an insurer is subject to the penalties for failure to accept a statutory offer to compromise under Code of Civil Procedure...more

Client Alert: Florida Supreme Court Weighs in on CGL Carriers’ Duty to Defend Chapter 558 Claims

Shumaker, Loop & Kendrick, LLP on 1/11/2018

Since its enactment in 2003, Chapter 558, Florida Statutes (commonly referred to as Florida’s notice and opportunity to cure provision) has governed the pre-suit notice and opportunity to repair process between owners,...more

Independent “Cumis” Counsel Now Face Direct Claims for Reimbursement From Insurers

Farella Braun + Martel LLP on 8/18/2015

On April 30, 2015, we blogged about Hartford Casualty Insurance Company v. J.R. Marketing, LLC, Case No. S211645, then set for oral argument in the California Supreme Court. [see the prior post: California’s “Independent”...more

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

Haight Brown & Bonesteel LLP on 5/28/2015

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

Insurer Failure to Pay Defense Costs Excused by Insured Failure to Prove-Up Fees

Neal, Gerber & Eisenberg LLP on 2/17/2015

In Country Mut. Ins. Co. v. Hilltop View, LLC, 2014 IL App (4th) 140007, the appellate court reversed the trial court’s order of contempt against the insurer, arising from the insurer’s failure to pay the defense costs the...more

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