GRAY CARY v. VIGILANT INS. CO.

No. D041811.

8 Cal.Rptr.3d 475 (2004)

114 Cal.App.4th 1185

GRAY CARY WARE & FREIDENRICH, Plaintiff and Appellant, v. VIGILANT INSURANCE COMPANY, Defendant and Respondent.

Court of Appeals of California, Fourth District, Division One.

As Modified February 4, 2004.


Attorney(s) appearing for the Case

Gray Cary Ware & Freidenrich, Robert C. Longstreth and Kathryn E. Karcher, San Diego, for Plaintiff and Appellant.

Nelsen, Thompson, Pegue & Thornton, Jameson Pegue and Elizabeth A. Farny, Santa Monica, for Defendant and Respondent.


McINTYRE, J.

Civil Code section 2860 (all undesignated statutory references are to this code) requires that an insurer provide independent counsel to its insured in certain conflict situations and subdivision (c) of this section requires the arbitration of "any dispute concerning attorney[ ] fees...." In this appeal we address the question of whether this section encompasses disputes between an insurer and its insured over the insurer's responsibility for defense...

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