Insurance
Jan. 10, 2017
When an insured's defense and prosecution costs overlap
Insurers owing a duty to defend must pay all applicable defense fees and costs — even ones that do "double duty" as prosecution costs.
INSURANCE INSIGHTS
It is a common refrain heard from liability insurers that the "duty to defend" in California does not encompass the prosecution of an insured's own affirmative claims. However, as with many issues having to do with insurance, the law is not that simple.
Although it is true that a defending insurer in California has no per se duty to prosecute claims on behalf of an insured, ...
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