On Monday morning, the Supreme Court will file its opinion in J.R. Marketing, L.L.C. v. Hartford Casualty Insurance Company, which was argued on the late-May calendar. The case raises this 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?
[Disclosure: Horvitz & Levy represents Hartford.]
The opinion can be viewed Monday starting at 10:00 a.m.
After the J.R. Marketing opinion, we can expect an increase in the amount of filings for the rest of the month. To issue opinions on time, which the court always does, the court will file 11 opinions by August 31 and 8 of those by August 24. This is the annual emptying of the pipeline.
