Insurer’s Right to Terminate its Defense Duty is Limited

In ProDriver Leasing Sys. v. Cincinnati Indem. Co., No. 16-CV-995-JPS, 2017 U.S. Dist. LEXIS 161529 (E.D. Wis. Sep. 29, 2017), Cincinnati Insurance Company sought to stop defending its insured. It claimed that facts came to light during its defense of a trademark infringement lawsuit through “independent counsel” it selected under Wisconsin law that eliminated its…

No Recoupment Under New York Law

Shockingly, New York to date had not definitely addressed whether an insurer, which did not reserve its right to recoup fees expended in defending, settling, or indemnifying an insured, could do so where it established no potential coverage. In General Star Indem. Co. v. Driven Sports, Inc., No 14-CV-3579 (JFB)(ARL), 2015 U.S. Dist. LEXIS 7966…