9th Circuit Tosses Ruling Favoring Insurer’s Choice Of Counsel Over Contractor’s

(April 12, 2021, 5:24 PM EDT) -- SAN FRANCISCO — A Ninth Circuit U.S. Court of Appeals panel on April 5 vacated an insurance company’s summary judgment award in a suit claiming that it was not required to provide a defense to a construction company based on its refusal to cooperate with the insurer’s counsel and insistence on using its own counsel, holding that a federal judge in California failed to use a substantial prejudice analysis when deciding in favor of the insurer....