Appeals court upholds dismissal of Amber Heard’s counterclaims against insurer
- August 29, 2025
- Posted by: Web workers
- Category: Finance
The 9th U.S. Circuit Court of Appeals on Monday agreed that a federal judge in Los Angeles correctly dismissed actress Amber Heard’s counterclaims for breach of contract and bad faith against an insurance company that partially paid for her defense of a defamation lawsuit filed by her ex-husband, actor Johnny Depp.
The three-judge panel in New York Marine and General Insurance Co. v. Amber Heard agreed the insurer did not breach its defense obligations by failing to appoint independent counsel for Ms. Heard after she had already retained Fairfax, Virginia-based law firm Cameron McEvoy PLLC to represent her.
The appeals court also agreed that no conflict of interest existed between the insurer and Ms. Heard even though New York Marine said in its reservation of rights letter that it would not provide coverage if her conduct was willful and intentional. The panel explained that the attorneys from Cameron McEvoy were subject to Virginia’s rules of ethics, not California’s.
Mr. Depp sued Ms. Heard for defamation in Virginia state court after the Washington Post published an editorial she wrote that said Mr. Depp domestically abused her. Ms. Heard retained Cameron McEvoy and notified New York Marine six months later.
New York Marine’s policy provided up to $1 million in coverage for lawsuits, including those for defamation. The insurer did not object to the appointment of the law firm, but Ms. Heard later retained a different law firm, whose costs were covered by Travelers Cos. Inc., court records show.
New York Marine paid $600,000 in defense costs to Travelers. A defense judgment was entered against Ms. Heard in the defamation trial and the case later settled.
New York Marine sued Ms. Heard, seeking a declaration that it fulfilled its defense obligations. Ms. Heard filed counterclaims, which were dismissed by U.S. Senior District Judge George H. Wu of the Central District of California. The judge then dismissed New York Marine’s suit as moot. Ms. Heard appealed.
Representatives for the parties did not respond to requests for comment.
