Perspective
Apr. 13, 2010
In Defense of the Insured
A policyholder's right to have a jury determine breach and damages is fundamental to enforcing the insurer's duty to provide a full and immediate defense, writes Eric J. Schindler of McKennon|Schindler in Laguna Beach.
In an important vindication of a California policyholder's right to a jury trial to enforce an insurer's duty to defend, the California 4th District Court of Appeal recently held that a liability insurer that fails to promptly acknowledge its insured's right to independent counsel and begin funding that defense forfeits its rights to binding arbitration under Civil Code Section 2860. Intergulf Development, LLC. v. Super...
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