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New York state's high court on Thursday resolved an attorney fee issue that had split federal and state trial courts. Previously, the Court of Appeals had held that an insured who prevails in a declaratory judgment action over an insurance carrier that had denied a duty to defend is entitled to attorney fees. Last week, the court for the first time extended that rule to instances in which the insurer disclaiming coverage actually defends its insured.
December 20, 2004 at 12:00 AM
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The original version of this story was published on Law.Com
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