Amber Heard’s legal woes continue as the US Court of Appeals for the Ninth Circuit rejected her appeal against New York Marine & General Insurance Co. The insurer, which had partially funded her defense costs in the high-profile defamation case brought by her ex-husband, Johnny Depp, was accused of breaching its duty to defend Heard.

The Court’s Decision

Heard argued that New York Marine violated its policy obligations by refusing to appoint independent counsel. However, the Ninth Circuit ruled in an unpublished opinion that the insurer was under no obligation to cover the cost of independent counsel. Instead, New York Marine fulfilled its duty to defend by continuing to fund the law firm Heard initially retained, Cameron McEvoy PLLC.

Additionally, Heard’s claim that the insurer breached an implied covenant of good faith and fair dealing was dismissed. The court concluded that her allegations did not demonstrate that the insurer withheld any benefits due under the policy.

Background of the Case

The dispute originated in 2022 when New York Marine filed a lawsuit in California federal court seeking clarity on its coverage responsibilities in Heard’s defamation trial. The US District Court for the Central District of California dismissed Heard’s counterclaims against the insurer and deemed the coverage action moot. Heard subsequently appealed, but the Ninth Circuit upheld the lower court’s decision on all counts.

The Defamation Case’s Fallout

The underlying defamation case resulted in a jury awarding Johnny Depp $10 million in compensatory damages and $5 million in punitive damages in 2022. However, both parties eventually dropped their appeals as part of a settlement, with another of Heard’s insurers—a unit of Travelers Cos.—paying Depp $1 million.

According to the Ninth Circuit ruling, New York Marine contributed over $600,000 to Travelers for its share of Heard’s defense costs.

Legal Representation

New York Marine was represented by Musick, Peeler & Garrett LLP, while Heard was represented by Pasich LLP.

Case Details

• Case Name: New York Marine & General Ins. Co. v. Heard
• Court: Ninth Circuit
• Case Number: No. 23-3399
• Date: November 25, 2024

Amber Heard’s legal battle over insurance coverage is another chapter in the broader saga stemming from her public and contentious legal fight with Johnny Depp.