Insurance
Nov. 2, 2026
The Buss stops here: Insurers face a high bar for defense cost reimbursement
Insurers seeking Buss reimbursement must prove which defense fees are solely allocable to noncovered claims. Evidentiary shortcuts can leave them "hit by the Buss."
Ken Moscaret
Ken Moscaret, a former business litigator with trial experience, is a 35-year expert on attorney fee reasonableness and litigation management in high-stakes fee cases.
In a recent insurance action in the Northern District of California, now settled and dismissed, a corporate policyholder and its commercial general liability insurer litigated whether the insurer could obtain reimbursement under Buss v. Superior Court, 16 Cal. 4th 35 (1997) for defense fees and costs incurred in an underlying third-party proceeding.
The underlying proceeding was a construction defect arbitration between the developer (policyholder) of a data center and the...
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$895, but save $100 when you subscribe today… Just $795 for the first year!
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In