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Case Citations [1] (April 2022 - August 2022)

handle is hein.ali/aliliabil9931 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE LIABILITY INSURANCE CHAPTER 2. MANAGEMENT OF POTENTIALLY INSURED LIABILITY CLAIMS TOPIC 1. DEFENSE § 21. Insurer Recoupment of the Costs of Defense N.D.Ga.2021. Cit. in sup.; com. (a) cit. and quot. in sup. Insurers brought a declaratory-judgment action against insureds, alleging that plaintiffs were entitled to indemnification for costs incurred in defending defendants against underlying trademark litigation, because the parties' liability-insurance policies did not cover trademark actions. This court granted defendants' motion for summary judgment, holding that plaintiffs were not entitled to reimbursement, because the policies did not expressly provide a right to reimbursement. The court explained that, under Restatement of Liability Insurance § 21, insurers, as the party in the best position to dictate the terms of insurance policies, bore the burden of including provisions for recoupment. Continental Casualty Company v. Winder Laboratories, LLC, 535 F.Supp.3d 1321, 1326, 1327. COPYRIGHT C2022 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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