Business Services Industry

Paying part of legal tab: policyholder required to repay part of defense costs: Court. (California Supreme Court)

Business Insurance, August, 1997 by Lenckus, Dave

LOS ANGELES - In a potentially costly defeat for policyholders facing liability lawsuits, the California Supreme Court has ruled that general liability insurers' duty to defend policyholders does not mean insurers are responsible for the entire defense. Upholding a state appellate court ruling, the Supreme Court on July 24 ruled that insurers that defend their policyholders against all allegations in a lawsuit later may seek reimbursement from policyholders for the cost of defending claims that their policies potentially do not cover.

Policyholder attorneys said the court, normally a pro-policyholder forum, has weakened insurers' duty-to-defend obligation under comprehensive and commercial general liability policies. One insurer attorney said the decision merely...

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