The Dispute
After defending SVO in a complex contract and defamation lawsuit, Navigators turned on its own policyholder— latering suing SVO to claw back over $5 million in defense costs.
The Ruling
On April 30, 2026, Judge Araceli Martínez-Olguín of the Northern District of California issued a decisive ruling in favor of SVO, granting Summary Judgment and rejecting the $5 million reimbursement demand.
- Failed “Buss” Burden: The court ruled Navigators failed to prove that defense costs were solely allocable to non-covered claims.
- Expert Testimony Excluded: Our team successfully brought a Daubert motion, with the court throwing out Navigators’ expert testimony as “untrustworthy.”
- Duty to Defend Upheld: The court confirmed Navigators’ ongoing obligation to its policyholder throughout the underlying litigation.
Why This Matters
This ruling serves as a powerful reminder that insurance carriers cannot easily abandon their obligations or “bully” policyholders into paying back defense costs.
“This case underscores the high burden on insurers who seek reimbursement from their own policyholders… It also demonstrates the negative results when they fail to do so.” — Bruce Smyth, Senior Counsel, Parker Shaffie LLP
“This ruling was a total rejection of the idea that a Fortune 500 insurance company can use its massive resources to bully its own policyholders… A major victory against systemic abuse.” — Shawn Shaffie, Partner/Principal, Parker Shaffie LLP
What's Next?
While the court dismissed the bad faith claim, SVO’s claims for breach of contract and violations of the California Business & Professions Code against Navigators remain active and will proceed to trial.
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