Amber Heard Facing New Legal Battle With Her Insurance Company Over Defamation Lawsuit

Amber Heard will likely be facing a new legal battle, this time with her insurance company.

New York Marine and General Insurance Co. filed a lawsuit in federal court against Heard, looking to avoid paying the actress after her unsuccessful defense of a defamation lawsuit brought on her by her former husband Johnny Depp.

According to the insurance company, it does not believe it holds any obligations to defend Heard.

Another insurance company is also providing coverage to Heard.

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“An actual controversy has arisen and now exists between Plaintiff, on the one hand, and Heard, on the other hand, with regard to the duties and obligations owed between Plaintiff and Heard under the Policy with respect to indemnity” for her actions in the Depp case, New York Marine said in its complaint. James P. Wagoner, attorney for New York Marine, declined to comment.

A spokesman for Heard declined to comment Saturday. Another insurance company, Travelers Commercial Insurance: “has spent and continues to spend substantial sums” for Heard’s defense under a homeowners insurance policy it provided in 2018, according to court filings. It is now pursuing New York Marine for its share of the costs.

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The New York Marine complaint, lodged in U.S. District Court in California on Friday, is the latest potential legal challenge for Heard.

This new lawsuit comes only a few months after Heard's legal battle in a defamation lawsuit with her ex-husband Johnny Depp in Virginia.

The lawsuit continued for several weeks and included graphic details from both sides including allegations from Heard regarding sexual abuse and domestic violence she faced during her marriage with Depp.

Depp denied all the allegations. 

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In 2019, Depp brought a $50-million libel case over his ex-wife’s December 2018 op-ed in the Washington Post, in which Heard described herself as “a public figure representing domestic abuse.”

Even though the op-ed did not mention Depp by name but it was obvious that it targeted the actor and during his trial, the actor told the court that due to these false allegations, both his personal life and career suffered irreparable damage.

Depp won three claims against Heard, while Heard won one of three claims she brought against Depp in her $100-million countersuit.

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Now her insurance company says it does not believe it has to pay Heard on the policy, which provided liability protection up to $1 million.

The lawsuit said the insurance company had written a policy for Heard in 2019.

“Plaintiff contends it has no duty to defend Heard based on California Insurance Code 533,” the insurance company said in its complaint. The state code provides that “an insurer is not liable for a loss caused by the willful act of the insured,” the lawsuit said.

The insurer said it had initially advised Heard it would provide a legal defense, but under California law, it did not have to provide an indemnity for her actions.

“The jury’s factual findings establish that Heard’s liability is caused by the willful act(s) of Heard,” New York Marine and General Insurance Co.'s suit said.

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Heard has incurred at least $6 million in attorney fees, according to testimony in the Virginia defamation trial earlier this year.

Travelers sued New York Marine for an equitable contribution toward defense expenses, according to filings in 2021 in U.S. District Court in California.

Travelers said in its complaint that New York Marine should have to pay at least half of the defense costs. The homeowners policy Travelers issued to Heard in 2018 includes “covered or potentially covered damages because of defamation,” and promised a defense to any lawsuit seeking such damages, according to the complaint.

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Now the real issue that is raised here is that if the New York Marine is liable for costs associated with an independently appointed defense counsel for Heard versus one appointed by the insurance company, and whether New York Marine will be liable for any award made against Heard.

Even though New York Marine has denied the allegations and also countersued, as per the court filings. the case remianed pending with the resolution of the defamation case.

Spokespeople for Travelers did not respond to requests for comment.

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