Modification: Nede Mgmt. Inc. v. Aspen American Insurance Co.

NEDE MGMT., INC., et al.,

Plaintiffs and Appellants,

v.

ASPEN AMERICAN INSURANCE COMPANY et al.,

Defendants and Respondents.

No. B307470

(Los Angeles County Super. Ct. No. 19STCV05442)

California Courts of Appeal

Second Appellate District

Division Eight

Filed October 5, 2021

ORDER MODIFYING OPINION

[No change in the judgment]

IT IS ORDERED that the opinion filed in the above-captioned matter on September 20, 2021, be modified as follows:

1. On page 3, last paragraph, the second sentence beginning with "They believed . . ." is deleted and replaced with:

"They believed these various allegations, if proven, created a conflict of interest between them and Aspen that required Aspen to provide them independent counsel pursuant to section 2860."

2. On page 15, line 7, the sentence beginning with "Fields' handling of the case . . ." is deleted and replaced with:

"Fields' handling of the case---and the Darwish family's apparent dissatisfaction with it---is beside the point, unless they can show Fields was serving Aspen and D&H's separate and conflicting interests to their detriment."

3. On page 15, line 4 of the last paragraph, the following is added to the beginning of the sentence, so that it now reads:

"If Fields had entertained such a view, it is part of an attorney's honest assessment about the merits of a case."

This modification effects no change in the judgment.

STRATTON, Acting P. J.

WILEY, J.

OHTA, J.^*

* Judge of the Los Angeles Superior Court, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.