Legal Question in Civil Litigation in California

Are deductibles partially refundable if defendant's counsel prevailed at the pleading stages and used about 10% of the deductible?

For example, if an H.O.A. pays their $15,000 deductible to their insurance carrier, and the H.O.A.'s counsel prevailed in a Demurrer hearing with the court sustaining demurrer without leave to amend, and the case is over (with no appeals ever filed), and the cost of defending the suit was about $2,000, does the insurance carrier keep the remaining unused $13,000, or does the carrier refund that unused portion of the deductible back to the H.O.A.?


Asked on 5/05/14, 11:10 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

That depends on the insurance policy between the insurance company and the insured. It has nothing to do with any state law.

Read more
Answered on 5/06/14, 10:32 am


Related Questions & Answers

More General Civil Litigation questions and answers in California