If my insurance company refuses to defend and indemnify me (or my business) on a claim, and a court ultimately finds that the insurance company was wrong for doing so, what are my remedies?

 

A: In that case, you will, generally speaking, be entitled to three (3) things:

1. an order directing the insurance company to defend your interests;
2. an order directing the insurance company to indemnify you up to the limits of the insurance policy; and,
   
3. an order awarding you the costs you incurred in defending the underlying action (i.e., legal fees) from the time that you tendered the defense of that case to the insurance company up to the point of the court's order directing the insurer to assume your defense.

Long Island, New York trial lawyer Jonathan Cooper represents businesses and individuals in business and commercial litigation cases including breach of contract, breach of fiduciary duty, as well as New York child accidents,  construction site accidents and personal injury cases.

Jonathan Cooper practices in Nassau, Queens, Brooklyn, Bronx, New York City and Westchester, and is the published author of a FREE Book on New York accident lawsuits entitled "Why Most Accident Victims Do Not Recover the Full Value of Their Claim," and "Why There Are So Few Successful Defective Products Lawsuits."  In order to schedule a free consultation with Mr. Cooper, please contact his main office located in Cedarhurst, Long Island at 516.791.5700.

To Receive Our
Newsletter, sign up here