Insurance
Oct. 20, 2011
Insured’s default not binding on intervening insurer’s rights
A recent 2nd District decision gives insurers control of premium increases to prevent rise in costs to everyone. By Scott W. Davenport of Manning & Kass, Ellrod, Ramirez, Trester LLP
Where a defendant fails to comply with the Code of Civil Procedure during pre-trial proceedings, a plaintiff may obtain an order compelling compliance and, if the defendant continues his course of conduct, the plaintiff may seek progressively larger sanctions up to and including terminating sanctions. Code of Civil Procedure Sections 2030.300(e), 2031.310(i), 2032.420. While these sanctions might be appropriate against a party, where an insu...
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