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Declaratory Judgments › Defense Costs

White and Williams LLP

First Circuit Limits Insurers’ Right to Recoup Defense Costs, Settlement Payments

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Weighing in on an issue that has divided courts nationwide, the U.S. Court of Appeals for the First Circuit has ruled that an insurer under Massachusetts law has no right to recoup defense costs, or amounts the insurer pays...more

Wiley Rein LLP

Failure to Plead Compliance with Condition Precedent Held Fatal to Declaratory Judgment Action

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The United States District Court for the Southern District of New York has held that a declaratory judgment action filed against an excess difference in conditions (“DIC”) insurer is ripe for adjudication because the insured...more

White and Williams LLP

Federal Courts Reject Insurers’ Attempts to Recoup Defense Costs Expended Under Reservation of Rights

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In situations where there is a dispute over a duty to defend, an insurer may provide a defense to its insured, subject to a reservation of rights, to not only deny coverage for a defense, but also to file a declaratory...more

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