Tuesday, February 20, 2018
Centex Homes v. St. Paul Fire & Marine Ins. Co.
Cal.App. 3rd Dist. (C081266) 1/22/18
The court held that defendant insurance company did not have a duty under Civil Code Section 2860 to provide independent counsel to defend an insured where the defense was accepted with a reservation of rights and the coverage issues did not have anything to do with the issues the insurer was defending in the action. Counsel retained by the insurer had no control over the outcome of the coverage issues, so he did not have a conflict of interest.