48 billed in another, constituted a breach of the insurers' duty to defend sufficient to extinguish their right to compel arbitration under section 2860. Seagate Tech. LLC v. Nat'l Union Fire Ins. Co. of Pittsburgh, Pa., 737 F.Supp.2d 1013, 1017 (N.D.Cal.2010). In another, an insurer's improper refusal to accept tender of the insured's defense precluded arbitration under section 2860.
In one case, the failure to pay at all in two actions, and payment of $130,579.40 out of $2,253,433.48 billed in another, constituted a breach of the insurers' duty to defend sufficient to extinguish their right to compel arbitration under section 2860. Seagate Tech. LLC v. Nat'l Union Fire Ins. Co. of Pittsburg, Pa., 737 F. Supp. 2d 1013, 1017 (N.D. Cal. 2010). In another, an insurer's improper refusal to accept tender of the insured's defense precluded arbitration under section 2860.
The case was superseded by statute, so the duty is now governed by Cal. Civil Code § 2860, commonly referred to as the Cumis statute.Wallis v. Centennial Ins. Co. , 982 F. Supp. 2d 1114, 1121–22 (E.D. Cal. 2013) (citing Seagate Tech. LLC v. Nat'l Union Fire Ins. Co. , 737 F. Supp. 2d 1013, 1017 (N.D. Cal. 2010) ; Concept Enters., Inc. v. Hartford Ins. Co. , No. CV007267NM(JWJX), 2001 WL 34050685, at *4 (C.D. Cal. May 22, 2001) ; Atmel Corp. v. St. Paul Fire & Marine , 426 F. Supp. 2d 1039, 1047 (N.D. Cal. 2005) ; Janopaul + Block Cos. v. Superior Court , 200 Cal.App.4th 1239, 133 Cal. Rptr. 3d 380 (2011) ).Janopaul + Block Cos , 133 Cal. Rptr. 3d at 387–88.