Insurer's Right to Reimbursement of Defense Costs State Law Survey

Summary

This survey addresses state law on an insurer's right to reimbursement of defense costs from an insured in situations such as a judicial determination stating that the insurer's duty to defend did not in fact exist. The survey covers all 50 U.S. states and the District of Columbia. For an overview article that supplements this survey, see Insurer's Right to Reimbursement of Defense Costs. Courts have responded with multiple theories, including unjust enrichment (where an insurer provided a defense in a mixed action with some claims for which there was never any potential for coverage by the insurer) and implied-in-fact contract (based on an insured's acceptance of the insurer's defense with an express reservation of the insurer's right to recover defense costs).