Should Amber Heard’s Insurance Company Cover Her Trial Fees?
The ongoing Depp-Heard case has raised several legal and financial questions. One of the main concerns centers around whether Amber Heard’s insurance company should cover her trial fees.
Heard’s insurance policy, a 1 million liability policy with the New York Marine and General Insurance Company, is stipulated to cover wrongful conduct, including defamation. However, her insurer is not covering the legal fees associated with the case. This raises several points that are worth examining.
Issues with Insurance Coverage
According to legal experts, there is a clause in Amber Heard’s insurance policy that specifies the insurance company will not cover the fees if Heard is found to have committed wrongful conduct. Specifically, the clause states that the insurance will not cover costs if it is determined that the actions were intentional.
During the trial, New York Marine and General Insurance Company has taken the stance that it will not pay any portion of the judgment Johnny Depp won. This decision is based on the finding that Heard’s actions were deemed intentional, which would typically result in no coverage or indemnity under such policies.
Lawsuit for Declaratory Relief
Amber Heard’s insurers have taken legal action by filing a declaratory relief action. This is a lawsuit seeking a judicial determination on whether the insurers are obligated to pay any part of the judgment. The case is currently in the courts, with the insurers arguing that the policy does not cover intentional actions.
The insurers are relying on the fact that Heard’s policy, although issued in California, is not allowed to cover intentional actions under California law. This legal interpretation is a significant factor in their decision to not cover the trial fees.
Legal and Financial Implications
Heard’s legal team can still pursue a possible legal strategy in which she sues her insurers and her attorneys for advice that led her to sign the op-ed. This could potentially hold the insurance company and her legal team liable for any financial costs associated with the trial.
However, the primary financial burden may still fall on Heard. Given her working actress status and income, she should be responsible for her trial fees. If she is unable to cover these costs, she can negotiate with her lawyers to find a way to pay them.
Insurer’s Defense vs. Liability
Legal experts explain that insurance policies typically have provisions that separate the insurer’s obligation to defend from their obligation to indemnify. An insurer may provide a defense under a reservation of rights, but this does not necessarily mean they will ultimately pay a judgment if the insured party is found liable.
In the Depp-Heard case, if the insurers can demonstrate that Heard’s actions were intentional, they can withdraw their defense and refuse to indemnify her. The outcome of the trial and subsequent legal actions will be critical in determining whether Heard’s insurance policy covers any of the legal fees.
In conclusion, while there are potential avenues for Heard to explore legally, the current stance is that her insurance company is not obligated to cover her trial fees due to the intentional nature of her actions as determined by the court.