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Insurance

Aug. 16, 2006

Determining What Insurers Pay for Their Insureds' Defense

Focus Column - By Kirk A. Pasich - California Civil Code Section 2860 addresses an insurance carrier's duty to provide and pay for independent counsel for its insured when there is a conflict of interest.

Forum Column

By Kirk A. Pasich



California Civil Code Section 2860 addresses an insurance carrier's duty to provide and pay for independent counsel for its insured when there is a conflict of interest. Carriers frequently rely on Section 2860 to support arguments that they need not pay the full hourly rates charged by the insured's chosen defense counsel. Instead, carriers often claim that they are obligated to pay only a much lower rat...

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