Insurer Cannot Obtain Reimbursement of Its Defense Fees

Welch Foods, Inc. v. National Union Fire Ins. Co., No. 09-12087-RWZ, 2011 WL 576600 (D. Mass. Feb. 9, 2011)

The Court followed American & Foreign Ins. Co. v. Jerry’s Sport Center, Inc., 2 A.3d 526, 541 (2010) which embraced the better rule that an insurer is not entitled to reimbursement where it did not reserve a right to reimbursement in its policy and elected to defend despite its belief that there may have been no potential coverage.

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