News & Analysis as of

American Rule Insurance Litigation

Butler Weihmuller Katz Craig LLP

In South Carolina, Insurers Owe Fees for Losing a First Party DJ? – It’s Un-American!

Bottom Line, Up-Front - A recent South Carolina federal district court ruling interprets South Carolina law in a new and potentially dangerous way – by allowing for an award of attorney’s fees against a property insurer...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

Carlton Fields

Oregon Supreme Court Revives Century-Old Statute to Award Attorney’s Fees to Policyholder

Carlton Fields on

The general rule regarding a party’s responsibility for legal fees in U.S. courts, known as the “American Rule,” provides that, barring a contrary contractual obligation or statute, each party is responsible for its own legal...more

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