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Declaratory Judgments Insureds

White and Williams LLP

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

White and Williams LLP on

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

Rivkin Radler LLP

New York Insurance Coverage Law Update

Rivkin Radler LLP on

United States District Court Orders Insured To Produce Certain Pre-Litigation Documents But Not Others Deemed Work Product 99 Wall sued Allied World seeking coverage under a property policy for water losses at 99 Wall’s...more

Jaburg Wilk

What is a Morris Agreement?

Jaburg Wilk on

A “Morris Agreement” is a “settlement agreement entered into when the insurer is defending under a reservation of rights under which the insured stipulates to a judgment, assigns his rights against the insurer to the...more

Proskauer - Insurance Recovery & Counseling

Seventh Circuit Issues Stern Warning For Insurers That Reject Their Duty to Defend

The first line of the Seventh Circuit’s opinion says it all: “This case provides a warning for insurance companies who refuse to defend their insureds.” As the court’s admonishment suggests, insurers that improperly refuse to...more

Cole Schotz

Even if You Lose You May Win (Attorneys’ Fees That Is)

Cole Schotz on

In New Jersey, if a policyholder is required to sue its insurance company for coverage, Court Rule R.4:42-9 allows a policyholder to recover attorneys’ fees if it is successful in obtaining coverage. The purpose of this...more

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