This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...
You have to be a subscriber to view this page.

Insurance

Mar. 12, 2010

Protecting Your Client From Prevailing Party Payouts

Until recently, there was no insurance available to cover plaintiffs in loser pays systems, writes Kevin Martin of Sonoma Risk Insurance Agency.

By Kevin Martin

In an opinion issued in the case, Toll Brothers Inc. v. Chang Su-O-Lin, 2009 U.S. Dist. LEXIS 58041 (N. Dist. Cal. 2009) by the Northern District of California on June 25, 2009, the court ordered Toll Brothers Inc. to pay nearly $1.4 million in attorneys' fees after losing a breach of contract case. The court's award of attorneys' fees to the defendant was based upon a prevailing party provision found in a purchase and sale agreement between the par...

To continue reading, please subscribe.
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!

Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)

Already a subscriber?

Enewsletter Sign-up