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« INSURER'S REIMBURSEMENT OF SETTLEMENT MONEY: WITHOUT AGREEMENT, IT AIN'T EASY. | Main | IS A DEMAND ALWAYS NECESSARY FOR BAD FAITH IN SETTLEMENT? »

May 27, 2024

WITHOUT AGREEMENT, IT AIN'T EASY TO RECOVER DEFENSE EXPENSES, EITHER.

In answer to certified questions, the Supreme Court of Hawaii ruled that a liability insurer may not recover defense costs for defended claims unless the insurance policy contains an express reimbursement provision.  St. Paul Fire & Marine Ins. Co. v. Bodell Constr. Co., 153 Haw. 381, 383-84, 538 P.3d 1049, 1051-52 (Haw. 2023), to be cited in 1 DENNIS J. WALL, LITIGATION AND PREVENTION OF INSURER BAD FAITH § 3:6 (West Publishing Company 3d Edition, 2024 Supplements in process).

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Posted by on May 27, 2024 at 06:21 AM in Reimbursement of Noncovered Defense Expenses |

Tags: #ReimbursementOfDefenseExpenses

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