What are the costs and attorney fees incurred by the insured as a result of the insurer's failure to defend?
MultiRegion, United States of America
The following excerpt is from Brit Uw Ltd. v. City of San Diego, Corp., CASE NO. 14cv2195 JM (WVG) (S.D. Cal. 2015):
the costs and attorney fees the insured expended defending the underlying action. See Emerald Bay Cmty. Ass'n v. Golden Eagle Ins. Corp., 130 Cal. App. 4th 1078, 1088 (2005). Hence, where, as in this case, the insurer paid for the defense, the insured generally cannot recover contract damages for the breach of the duty to defend. See id. at 1088-89.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can an insured who has been "cast in a defensive posture by the legal steps an insurer takes in an effort to free itself from its policy obligations" recover attorney fees and expenses incurred in defending against the insurer? ("New York", United States of America)
Can an insured sue for attorney fees incurred to obtain policy benefits and that would not have been incurred but for the insurer's tortious conduct? (MultiRegion, United States of America)
Is an insurer liable for fees incurred by an insured in the wake of the insurer's breach of its duty to defend? (MultiRegion, United States of America)
Can an insurer who undertakes to defend its insured against a defense attorney who is also an attorney representing Manzanita? (MultiRegion, United States of America)
Can an attorney who multiplies the proceedings in any case unreasonably and vexatiously be required by the court to satisfy personally the excess costs, expenses and attorneys' fees reasonably incurred? (MultiRegion, United States of America)
Can an insurer be held liable for attorney's fees incurred as a result of bad faith and fair dealing? (MultiRegion, United States of America)
Is a contractor's contractual obligation to indemnify insurance company which executed a surety bond to guarantee payment of attorney fees incurred in defending claims arising from the bond? (MultiRegion, United States of America)
What is the test for a request for special costs in the context of the Attorney General's decision not to defend the legality of federal legislation? (Canada (Federal), Canada)
Does a defendant have to bear the risk of attorney error that results in a procedural default? (MultiRegion, United States of America)
Is a defendant entitled to attorney's fees and costs on appeal? (MultiRegion, United States of America)
