[UPDATED THROUGH MAY 26, 2015]
Can an Insurer Seek Reimbursement from Independent Counsel? After the Court of Appeal affirmed judgment, the Court granted review on following issue: After an insured has secured a judgment requiring an insurer to provide independent counsel to the insured (see San Diego Fed. Credit Union v. Cumis Ins. Society Inc. (1984) 162 Cal.App.3d 358), can the insurer seek reimbursement of defense fees and costs it considers unreasonable and unnecessary by pursuing a reimbursement action against independent counsel or can the insurer seek reimbursement only from its insured? Hartford Casualty Ins. Co. v. J.R. Marketing, L.L.C., S211645 (opinon below A133750, formerly 216 Cal.App.4th 1444). Review was granted 9/18/13. Update 5/7/15: Oral argument scheduled for 5/28/15. Update 5/28/15: Case argued and submitted.
Is the Henkel Corp. Opinion Inconsistent With Ins. Code § 520? After the Court of Appeal denied a petition for peremptory writ of mandate, the Court granted review on the following issue: Are the limitations on assignment of third party liability insurance policy benefits recognized in Henkel Corp. v. Hartford Accident & Indemnity Co. (2003) 29 Cal.4th 934 inconsistent with the provisions of Insurance Code § 520? Fluor Corp. v. Superior Court, S205889 (opinion below, G045579, formerly 208 Cal.App.4th 1506). Review was granted 12/12/12. Update 5/7/15: Oral argument scheduled for 5/26/15. Update 5/26/15: Case argued and submitted.