Case Study: Pendergest-Holt

Law360, New York (March 25, 2010, 1:50 PM EDT) -- On March 15, 2010, the United States Court of Appeals for the Fifth Circuit modified and affirmed the district court’s preliminary injunction ordering an insurance company to pay the defense costs of officers in Pendergest-Holt v. Certain Underwriters at Lloyd's of London, -- F.3d ----, NO.10-20069, 2010 WL 909090, (5th Cir. March 15, 2010).

The decision requires the insurer to advance defense costs in connection with the officers’ defense of covered claims until there is a judicial coverage determination as to whether an exclusion applies....
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