When hard-fought litigation finally concludes, defendants are usually only too pleased to see it in the rear view mirror, and in today's climate of escalating legal fees, are frequently a great deal poorer for the experience. However, there may be a silver lining if (1) the defendant tendered the defense of the litigation to its liability insurer, (2) received a reply from the insurer denying it owed a duty to defend, and (3) the denial was wrong...
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