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San Gabriel Valley Water Co. v. Hartford Accident and Indemnity Co.8/9/2000
d susceptible to avoidance, and for those that came later, we see no reason why defendants' failure to include provisions about a subject that may have appeared satisfactorily resolved by the statute should count against them in construing it.
Ultimately, the defect in plaintiff's position is as follows. Section 2860(c) was and is clearly intended to impose a limitation on the fee rates insurers must pay to independent counsel chosen by their insureds. Plaintiff, however, would have that limitation expanded and multiplied, depending fortuitously on the number of insurers that are called upon to defend an insured and respond with reservations of rights creating conflicts of interest and a right to independent counsel. Plaintiff's repeatedly suggested basis for that expansion, moreover, is the erroneous proposition that the insured is entitled to payment of the full fee rates and charges of its independent counsel, so long as "reasonable." That, however, ignores what section 2860(c) says, and must mean. The trial court properly rejected plaintiff's attempt to alter the significance of section 2860(c), and correctly declared that the statute imposes a single rate limitation, collectively applicable to all defendants in this case.
DISPOSITION
The judgment is affirmed.
CERTIFIED FOR PUBLICATION.
We concur: BOREN, P. J. NOTT, J.
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