An Insurer’s Defense Under One Policy Does Not Excuse Its Breach Under Another
Does an insurer's defense of its insured under one policy excuse its breach of the duty to defend under another? A California Court of Appeal recently concluded: Not if the insured is potentially liable for an amount in excess of the policy limits. Risely v. Interins. Exch. of the Auto. Club, 183 Cal. App. 4th 196 (2010).