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Where the allegations in a complaint implicate more than one insurance policy, the primary insurer is not entitled to recover defense costs if it had a duty to defend in the first instance.

January 1, 2011
Pennsylvania Lumbermens Mutual Insurance Company v. Indiana Lumbermens Mutual Insurance Company, 43 So.3d 182 (2010)

Where the facts developed through discovery ultimately established that only one insurer had a duty to indemnify, the primary insurer was not entitled to recover its defense costs because the allegations in the complaint were sufficient to trigger a duty to defend until such time that more factual information was known. However, the primary insurer could recover as to costs for indemnifying where it was later shown to have no such duty.

Case Law Alert - 1st Qtr 2011

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