November 2007 Dec Page

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?

Insureds may defy such attempts, attorneys may argue against them, and court decisions may come down on both sides of the issue. So, what is the status of litigation surrounding an insurer's claim to reimbursement of defense costs? Is the trend favorable to insureds or insurers? And, is the fight for reimbursement worth it to insurers?

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