Long v. Century Indemnity Co.

Opinion

PERLUSS, P. J.

— After agreeing to provide a defense to its insured under a reservation of rights, an insurer elects not to have counsel representing its own interests participate in the third party action and instead allows counsel selected by the insured to conduct and control the entire defense. Is a subsequent fee dispute between the insured’s counsel and the insurer subject to mandatory arbitration under Civil Code section 2860, subdivision (c), 1 which applies whenever an insurer, because of a conflict of interest, has a duty to provide independent (Cumis) counsel to represent its…