By Chris Mueller, Indiana Law Review
The Indiana Law Review Blog recently published an article by Ryan Leagre, associate attorney with Plews Shadley Racher & Braun LLP. His article,The Dreaded Pre-Tender Issue: Indiana Courts Should Reconsider Whether Pre-Tender Costs are Recoverable, encourages Indiana courts to reconsider whether litigation costs incurred by an insurance policyholder before notice of the claim is given to the insurer should be reimbursed. Leagre explores the logical approach of other jurisdictions and argues that, where the insurance is an occurrence-based policy, the duty to defend (and reimburse costs) arises not when notice is given, but rather by the existence of a potentially covered claim.
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This post was written by Chris Mueller of the Indiana Law Review. If you would like to submit content or write an article for the Litigation Section page, please email Rachel Beachy at email@example.com.