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?
In that case, you will, generally speaking, be entitled to three (3) things:
- an order directing the insurance company to defend your interests;
- an order directing the insurance company to indemnify you up to the limits of the insurance policy; and,
- 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.