Insurance
Oct. 15, 2015
Insurers may want to think twice about delaying defense
Trial courts fortunately are starting to confirm that a delayed defense is a breach of the duty to defend, by which the insurer loses all rights to control the defense. By Joan Cotkin and Kurt Melchior
Joan Marie M. Cotkin
senior counsel
Pillsbury Winthrop Shaw Pittman LLP
insurance litigation
Trial courts fortunately are starting to apply the new California Supreme Court decision in Hartford Casualty Ins. Co. v. J.R. Marketing LLC, 61 Cal. 4th 988 (2015), including the excellent discussion to confirm that a delayed defense is a breach of the duty to defend, by which the insurer loses all rights to control the defense. The ruling has broad application, including allowing the insured to use its chosen defense counsel and prec...
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