Insurance
Mar. 20, 2023
When is a partial appeal bond sufficient?
What happens if an insurance carrier is required to post an appeal bond as part of its contractual obligation to an insured seeking to appeal a judgment or order, but the required amount of the bond exceeds the policy limit or is otherwise more than the insurer is prepared to give?
David M. Axelrad
Partner
Horvitz & Levy LLP
Email: daxelrad@horvitzlevy.com
UC Hastings COL; San Francisco CA
The perfecting of an appeal does not automatically stay enforcement of a money judgment in the trial court. Unless a bond or undertaking is posted (or some other agreement is reached), the prevailing party may enforce the judgment while the appeal is pending. The amount of the bond is "double the amount of the judgment" unless "given by an admitted surety insurer in which event it shall be for one and one-half times the amount of the judgment." (Code Civ. Proc., § 91...
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