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.