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Case Citations 1 (July 2017 through August 2018)

handle is hein.ali/aliliabil9923 and id is 1 raw text is: LIABILITY INSURANCE (DRAFTS) CHAPTER 2. MANAGEMENT OF POTENTIALLY INSURED LIABILITY CLAIMS TOPIC 1. DEFENSE § 21. Insurer Recoupment of the Costs of Defense S.D.Ind.2017. Cit. and quot. in sup. (citing § 21 of D.D. 2015). Insurer brought an action against insured and driver of insured's vehicle, seeking a declaration that several policy exclusions precluded any duty to defend or provide coverage to insured and driver in an underlying lawsuit arising from a single car accident that injured a passenger in the car. This court granted summary judgment for insured, holding that insurer could not claim recoupment of costs incurred in defending insured in the underlying lawsuit, and denied summary judgment for insurer with respect to driver, holding that genuine issues of material fact existed as to whether passenger was an employee of insured. In addressing insurer's claim for reimbursement of defense costs for insured, the court quoted Restatement of the Law of Liability Insurance § 21 (D.D. 2015), which provided that an insurer could not seek recoupment of defense costs from an insured unless otherwise stated in the policy. Selective Insurance Company of America v. Smiley Body Shop, Inc., 260 F.Supp.3d 1023, 1033. A mU For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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