The California Supreme Court recently ruled in Hartford Casualty Insurance Company v. J.R. Marketing, L.L.C. that an insurer may seek direct reimbursement from independent defense counsel (referred to as Cumis counsel in California) for allegedly excessive and unreasonable fees.

Amy Elizabeth Stewart, of Dallas’ Amy Stewart PC, will present “Insurance 101: Fundamentals of Liability Insurance for In-House Counsel” to the Dallas Bar Asociation’s Corporate Counsel Section on Tuesday, Nov. 6 at noon at the Belo Mansion, 2101 Ross Ave. The one-hour presentation provides one hour of MCLE credit. There is no charge for DBA members, although there is a lunch buffet available for purchase. Non-members must pay a fee in order to receive MCLE credit. For more info ...

On Friday, the Fifth Circuit handed down its opinion in Downhole Navigator, L.L.C. v. Nautilus Insurance Company, affirming the district court’s ruling that the insured did not have a right to independent counsel.  Analyzing the conflict issue under Davalos, the court concluded that the facts to be adjudicated in the underlying case were not the same facts on which coverage turned as required to preempt the insurer’s right to control the defense. The insured, Downhole Navigator, provides s ...