A California appellate court rejected an insurer's attempt to seek reimbursement from its insured's independent counsel for uncovered defense costs after the insurer refused to acknowledge its duty to defend. J.R. Mktg., LLC, et al., v. Hartford Cas. Ins. Co., 216 Cal. App. 4th 1444 (May 17, 2013). The Court first reaffirmed that once an insurer refuses to defend its insured, it forfeits the protections of California's independent counsel statute, or "Cumis" statute. The statute provides, among other things, that when an insurer defends under a reservation of rights and independent counsel is retained for the insured, the insurer is only obligated to pay the rates it ordinarily pays in similar actions. The Court held that permitting an insurer to seek reimbursement for uncovered defense costs from the independent counsel selected by the insured after the insurer's denial of coverage would frustrate the policies behind the Cumis statute and the broad duty to defend.