Judge Gerald Lebovits. Courtesy photo. Policyholders May Recoup Attorney Fees If Insurer Fails in Contesting Duty to Indemnify
"The parties do not cite, and this court has not found, any decision of the Court of Appeals or the Appellate Division discussing whether a prevailing policyholder is entitled to attorney fees when the insurer has acknowledged a duty to defend but contested the duty to indemnify," ruled Manhattan Supreme Court Justice Gerald Lebovits.
November 30, 2023 at 05:07 PM
4 minute read
Insurance
An insurer defending a policyholder in litigation must also reimburse the insured party's coverage action costs if the insurer loses a legal challenge to its indemnity obligation, a judge has ruled.
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