Legal Opinion
Foremost Insurance v. Wilks
California Court of Appeal
Decided November 29, 1988No. C000503PublishedCited by 18 opinions
1Opinion of the Court
Opinion
CARR, J.
The critical issue presented in this appeal is whether an insurer is required to furnish independent counsel selected by the insured and paid for by the insurer when the complaint against the insured seeks recovery of punitive damages as well as compensatory damages, See San Diego Federal Credit Union v. Cumis Ins. Society, Inc. (1984) 162 Cal.App.3d 358 [208 Cal.Rptr. 494, 50 A.L.R.4th 913].)
We hold that the mere allegation of punitive damages and a prayer therefor does not alone create a conflict between the insured and insurer and trigger the Cumis duty to provide the…
2Cases cited16 opinions
- San Diego Navy Federal Credit Union v. Cumis Insurance SocietyCalifornia Court of Appeal · 1984
- Corwin v. Los Angeles Newspaper Service Bureau, Inc.California Supreme Court · 1971
- Miller v. Elite InsuranceCalifornia Court of Appeal · 1980
- Kilgore v. YoungerCalifornia Supreme Court · 1982
- Bogard v. Employers Casualty Co.California Court of Appeal · 1985
11 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Gafcon, Inc. v. Ponsor & AssociatesCalifornia Court of Appeal · 2002
- Johnston Equipment Corp. of Iowa v. Industrial IndemnitySupreme Court of Iowa · 1992
- Live Oak Publishing Co. v. CohaganCalifornia Court of Appeal · 1991
- Dynamic Concepts, Inc. v. Truck Insurance ExchangeCalifornia Court of Appeal · 1998
- Blanchard v. State Farm Fire & Casualty Co.California Court of Appeal · 1991
13 more not listed; retrieve them via the Exa API.