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Legal Costs Duty to Defend

Cozen O'Connor

NY Appellate Court: Liability Insurer Cannot Recover Defense Costs Absent Express Policy Provision

Cozen O'Connor on

Given the breadth of the duty to defend, liability insurers often must defend insureds against claims that do not ultimately trigger the duty to indemnify. In some states, an insurer can offer a defense under a reservation of...more

K&L Gates LLP

Recoupment of Defense Costs: An Ohio Court Weighs in on the Debate

K&L Gates LLP on

An Ohio appellate court recently addressed the much-debated issue of recoupment of defense costs, holding in a 2–1 decision, and on very narrow grounds, that an insurer could recoup nearly $12 million it expended on the...more

McCarter & English, LLP

Coverage for Investigations and Conflicting Endorsements: Syracuse University Decision is Great for Policyholders

Just before the New Year the New York Appellate Division affirmed in about a dozen words the trial court decision in Syracuse University v. National Union Fire Insurance Co. of Pittsburgh, Pa., No. 2012EF63, slip op. at 2...more

BakerHostetler

Second Circuit Requires Complete Reimbursement of Class Action Defense Costs

BakerHostetler on

On June 18, 2013, the Second Circuit affirmed that a liability insurer was obligated to reimburse Olin Corporation for 100% of the defense costs it incurred defending against environmental contamination class action claims....more

Snell & Wilmer

Under Construction - December 2012

Snell & Wilmer on

In This Issue: Letter from the Editor; Colorado Construction Law Developments in 2012; Arizona Court of Appeals Issues Decision Related to the Application of the Statute of Repose and Economic Loss Doctrine for...more

Carlton Fields

Financial Coverage Issues: Obtaining D&O Proceeds

Carlton Fields on

Directors and Officers (“D&O”) policies, like all insurance contracts and contracts in general, are governed by the specific wording unique to each contract. Nonetheless, there are several issues that can arise as to the type...more

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