November 30, 2023
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“The parties do not cite, and this court has not found, any decision of the Court of Appeals or the Appellate Division discussing whether a prevailing policyholder is entitled to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.
By Emily Saul
4 minute read
