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SAN GABRIEL v. HARTFORD ACC. & INDEM. CO.

No. B135120.

98 Cal.Rptr.2d 807 (2000)

82 Cal.App.4th 1230

SAN GABRIEL VALLEY WATER COMPANY, Plaintiff and Appellant, v. HARTFORD ACCIDENT AND INDEMNITY COMPANY et al., Defendants and Respondents.

Court of Appeals of California, Second District, Division Two.

August 9, 2000.

Attorney(s) appearing for the Case

Proskauer Rose, David S. Scheidemantle, Barry C. Groveman, Aaron P. Allan and Ronnie Beth Nadell, Los Angeles; Timothy J. Ryan, Sacramento, for Plaintiff and Appellant.

Musick, Peeler & Garrett and Susan J. Field, Los Angeles, for Defendant and Respondent Industrial Indemnity Company.

LeBoeuf, Lamb, Greene & MacRae, Vincent J. Davitt, Los Angeles, and Mark Estrella for Defendant and Respondent Travelers Property Casualty Corp.

Smith, Deverich, Ellison & Harraka, Phillip E. Smith and Caroline McIntyre, Irvine, for Defendants and Respondents Hartford Accident and Indemnity Company, Hartford Casualty Insurance Company and Twin City Fire Insurance Company.

Lillick & Charles, Stephen G. Schrey and Alan S. Feiler, San Francisco, for Defendant and Respondent Allstate Insurance Company.

Berman & Aiwasian and Alan S. Berman, Los Angeles, for Defendant and Respondent Century Indemnity Company.

COOPER, J.

Civil Code section 2860, subdivision (c) provides in part that in cases of conflict of interest requiring an insurer to provide independent counsel to defend an insured, "The insurer's obligation to pay fees to the independent counsel selected by the insured is limited to the rates which are actually paid by the insurer to attorneys retained by it in the ordinary course of business in the defense of similar actions

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