If an insurer refuses to provide a defense in a personal injury case, can the insured retain a high-respected law firm?

California, United States of America


The following excerpt is from IMCERA Group, Inc. v. Liberty Mutual Ins. Co., 42 Cal.App.4th 1754, 50 Cal.Rptr.2d 583 (Cal. App. 1996):

29 Thus, we have no problem with the fact that IMCERA retained a well-respected law firm to defend it, even though Liberty might have selected a different firm had it provided a defense. (See Arenson v. National Auto. & Cas. Ins. Co., supra, 48 Cal.2d at p. 538, 310 P.2d 961 [where insurer wrongfully refused to provide a defense, insured could properly retain a "well-known, able and skilled attorney"].)

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