Ceranski v. Muensch

In Ceranski v. Muensch (1943) 60 Cal.App.2d 751, the prevailing defendants' cost bill was challenged on the ground that their insurance company had actually paid the litigation costs and that the insurance contract stated that defendants were not obligated for the costs. (Ibid.) The court explained that: "Defendants incurred legal liability to pay the costs of litigation even though some other party may have agreed to reimburse them or to pay all the expenses of the litigation. It must be taken for granted that defendants expended a sum of money to procure the insurance policy by which the insurance carrier agreed to pay the costs of the defense of an action brought against them for damages." (Id. at pp. 754-755.) Accordingly, the court found the defendants could recover their costs.