November 2007 Dec Page

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Question of the Month

 

The duty to defend on the part of the insurer is strongly upheld by courts around the country. It is readily accepted by the insurance industry and legal professionals that the duty to defend is broader than the duty to indemnify. However, what happens when an insurer, following a legal determination that the duty to defend did not in fact arise, attempts to recover defense costs from an insured to whom the insurer provided a defense?

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