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Bell v. Wells Fargo Bank

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eBook details

  • Title: Bell v. Wells Fargo Bank
  • Author : California Court of Appeals
  • Release Date : January 09, 1998
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 63 KB

Description

An insured sued its insurer for declaratory relief, damages and other remedies, contending the carrier had a duty to defend and indemnify the insured in three third-party actions. In 1993, we affirmed orders adjudicating the duty-to-defend issue in the insureds favor and directing the carrier to pay for the insureds defense in the underlying actions. The carrier now claims the insureds defense costs were "unreasonable" and that it is entitled to have a jury determine the amount that ought to be reimbursed by the insured. The trial court denied the carriers request for a jury trial, and at the same time ruled that it would be the carriers burden to prove the fees and costs were unreasonable (as opposed to the insureds burden to prove they were reasonable and necessarily incurred). We agree with the trial court.


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