Insurance
May 31, 2000
TOTAL COVERAGE
The Adviser By David P. Schack The California Supreme Court's decision in Buss v. Superior Court, 16 Cal.4th 35 (1997), was regarded widely as a significant victory for insurers when it was first issued. Before Buss, there had been uncertainty as to the ability of an insurer to seek reimbursement of defense costs where the suit contained at least some potentially covered claims. Likewise, there was uncertainty whether the insurer needed to prove its right to reimbursement by the "undeniable evidence" standard that had been announced in Hogan v. Midland National Ins. Co., 3 Cal.3d 553 (1970).
By David P. Schack
The California Supreme Court's decision in Buss v. Superior Court, 16 Cal.4th 35 (1997), was regarded widely as a significant victory for insurers when it was first issued. Before Buss, there had been uncertainty as to the ability of an insurer to seek reimbursement of defense costs where the suit c...
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