Insurance
Mar. 22, 2017
Damages for breaching duty to defend
Twenty years post-Buss, there are some breaching insurers still arguing they do not owe as damages the fees and costs their insureds incurred to defend non-covered claims.
INSURANCE INSIGHTS
Twenty years ago in Buss v. Superior Court, 16 Cal. 4th 35, 58-59 (1997), the California Supreme Court held that in a "mixed action" - where some claims against the insured are potentially covered and others are not - the insurer has to defend the action in its entirety. The Buss decision laid to rest any argument that an insurer may allocate defense expenses when...
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