National Surety Corp. v. Immunex Corp.

¶43 (dissenting) — Rather than focus on the equities of the case at hand, the majority seizes on this opportunity to pronounce that insurers who defend under a *892reservation of rights may never recoup defense costs after a court determines that an insurance policy does not cover an insured’s claim and that the insurer never had a duty to defend. This rule is both overly broad and unnecessary, and in the context of this case, it is unjust. I dissent.

¶44 I would reverse the Court of Appeals in part6 and remand with instructions to the trial court to vacate its order granting summary judgment to…