A cornerstone of California law is that the duty to defend arises whenever the lawsuit against the insured seeks damages on any theory that, if proved, would be covered by the policy. Indeed the duty to defend is so broad that it is excused only when “the third party complaint can by no conceivable theory … Continue Reading
Insurance companies often reserve the right to seek reimbursement from the insured when undertaking a duty to defend a claim against the insured, should they ultimately determine the claim was not covered by the policy. Reimbursement claims are increasingly common, and some reimbursement claims have even been filed against those who were never parties to … Continue Reading
