Rodriguez v. Allstate Insurance Co., 2011 N.Y. Misc. LEXIS 3911 (2011)

Insurer and insured are permitted to include non-legal incidental expenses in an insurance agreement.

Non-legal costs incidental to the litigation of a contract claim are typically not recoverable as consequential damages. However, just as damages associated with attorneys' fees may be contracted for, parties are free to include non-legal incidental costs recoverable through insurance agreements.

Case Law Alert - 4th Qtr 2011