What is the standard of review in an insurance litigation case?

In California, the standard of review in an insurance litigation case is determined by the type of evidence being presented and the type of questions being asked. Generally, the court will use a de novo standard of review for questions of law, meaning that the court will review the matter independently and without deference to the decisions of lower courts or administrative agencies. For questions of fact, the court will review for substantial evidence. This means that a court reviewing a decision on the basis of substantial evidence will sustain a lower tribunal’s findings of fact if they are supported by enough credible evidence in the record to warrant a reasonable person’s conclusion. In California, the standard of review can also be affected by the type of insurance policy in question. For example, if the insurance policy is an insurance contract, then the court would review the case under a contract interpretation standard. In this case, the court will look to the intentions of the parties when interpreting the contract.

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What is the standard of review in an insurance litigation case?

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