Congratulations to Partner and Of Counsel on their recent trial win.
Hollins and Dolmage were brought on to defend a new insurance company client at trial after their regular coverage/bad faith counsel lost their MSJ/MSA.
In this case, the plaintiffs sought to hold the insurer liable for the insureds’ retention of independent counsel in an underlying CERCLA matter and remove the insurer from the ability to oversee the defense. The plaintiffs’ claimed that the insurer acted in bad faith and forfeited its rights by failing to timely pick up the defense, failing to pay the plaintiffs’ independent counsel’s fees between retained defense counsel’s assignment and association with the CERCLA matter, and failing to pay plaintiffs’ independent counsel under Civil Code section 2860.
By strategically leveraging arguments that had not been made by prior counsel, Hollins and Dolmage convinced the court that their client complied with its duties under the policy, plaintiffs’ breached their duties, and independent counsel is not owed.