An issue that remains contentious is whether the Supplementary Payments provisions in the general liability policy provide coverage for attorney’s fees, which the insured is ordered to.
On November 23, 2022, a federal court in Minnesota highlighted the importance of strategically approaching product liability claims, both in terms of their underlying defense and their insurability. In Federal Insurance Company v. 3M Company.
The Second Department held that an insurer may not recoup defense costs under a reservation of rights unless the insurance policy expressly allows it to do so.
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