Lexington Insurance Company v. CareCore National, LLC, 32 Mass. L. Rep. 445

Summary

ISSUE: Whether an insurer's claim for reimbursement from its insured of monies paid on the insured's behalf, primarily for defense costs, in connection with various antitrust lawsuits against the insured, was to be dismissed. HOLDINGS: [1]-The insurer failed to state a claim upon which relief could have been granted because the court found nothing unjust in the insured's retention of amounts already paid by the insurer. The payments were the result of negotiations between two sophisticated parties, who were represented by separate counsel of their own choosing and who reasonably expected to resolve their obligations through these payments.