reservation of rights News

Reimbursing Defense Costs Under Alaska Law: A Request for Clarity

The United States Court of Appeals for the Ninth Circuit recently certified to the Alaska Supreme Court the question of whether an insurance company can seek reimbursement of the costs for independent counsel’s defense of the insured when the insurance …

The Pitfalls of Rejecting a Defense Under Texas ‘Same Facts’ Test

Texas law recognizes that an insurer’s reservation of rights can create a potential conflict of interest. Northern County Mut. Ins. Co. v. Davalos, 140 S.W.3d 685 (Tex. 2004). Although there is a potential for conflict in this situation, the assertion …

Denying Coverage and Reserving Rights Simultaneously

Georgia Supreme Court Says Insurer Can’t Have its Cake and Eat it too Insurance companies were historically faced with a Hobbesian’s choice in deciding to defend their insureds in personal injury actions where there was doubt as to whether the …

Understanding the Right of Reimbursement for Defense Costs When Reserving Rights

When an insurance company defends its insured under a reservation of rights, the question arises as to whether the insurer has a right to seek reimbursement from its insured for payments made toward attorney’s fees and court costs when it …