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THE MAYERSON FIRM PLLC
Recoupment of Defense Costs
The question whether an insurance company that defends its policyholder may recoup its defense-cost payments continues to produce divergent results. Most recently, the Illinois and Montana Supreme Courts reached opposite conclusions in opinions issued a few weeks apart. See General Agents Insurance Co. of America, Inc. v. Midwest Sporting Goods Co., 215 Ill. 2d 146, 828 N.E.2d 1092 (2005); Travelers Casualty & Surety Co. v. Ribi Immunochem Research, Inc., 2005 MT 50, 326 Mont
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