Right To Recoup: Lessons For Insurers And Policyholders

Law360, New York (September 5, 2012, 12:11 PM EDT) -- The ongoing battle between insurers and their policyholders over the right of the former to recoup underlying defense costs continues around the country. In the apparent latest skirmish, the United States District Court for the Northern District of Georgia sided with the insurance company. See Illinois Union Ins. Co. v. NRI Construction Inc., 846 F.Supp.2d 1366 (N.D. Ga. 2012). This case provides a stark warning to policyholders to address insurance coverage issues early in a case and take proactive action to protect their rights.

The underlying...
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