Wed Nov 27 06:20:00 UTC 2024: ## Ninth Circuit Upholds Dismissal of Amber Heard’s Insurance Claim
**Los Angeles, CA** – The Ninth Circuit Court of Appeals has affirmed the dismissal of actress Amber Heard’s counterclaims against New York Marine and General Insurance Company (NY Marine). Heard had argued that NY Marine breached its duty to defend her in the defamation lawsuit filed by Johnny Depp by refusing to provide independent counsel.
The appellate court disagreed, stating that NY Marine fulfilled its duty by retaining the Virginia law firm Cameron McEvoy PLLC to represent Heard. Crucially, the court noted that under Virginia law—where the Depp lawsuit was filed—the retained counsel owed a duty of loyalty solely to Heard, negating any conflict of interest. This contrasts with California law, which might have required independent counsel under similar circumstances.
The Ninth Circuit rejected Heard’s argument that a conflict of interest existed because NY Marine reserved the right to deny coverage if Heard’s actions were deemed willful or intentional. The court found that this reservation did not create a conflict under Virginia’s ethical rules governing attorney-client relationships.
Furthermore, the court upheld the dismissal of Heard’s claim for breach of an implied covenant of good faith and fair dealing, finding that she failed to demonstrate that NY Marine unreasonably withheld benefits due under the policy.
The Ninth Circuit’s decision concludes the legal battle between Heard and NY Marine, affirming the lower court’s ruling and rendering moot NY Marine’s request for a declaratory judgment. The case, *New York Marine and General Insurance Company v. Heard*, 23-3399, sets a precedent regarding insurer duties to defend in multi-jurisdictional defamation cases.
First Piper 