Legal Opinion

American & Foreign Insurance v. Jerry's Sport Center, Inc.

Supreme Court of Pennsylvania

Decided August 17, 2010No. 88 MAP 2008PublishedCited by 232 opinions

1Opinion of the Court

OPINION

BAER, Justice.

The issue in this case is whether, following a court’s declaration that an insurer had no duty to defend its insured, the insurer is entitled to reimbursement of the amounts paid for the defense of its insured in the underlying lawsuit. The trial court held that the insurer was entitled to reimbursement, while the Superior Court held that it was not. For the following reasons, we affirm, holding that an insurer is not entitled to be reimbursed for defense costs absent an express provision in the written insurance contract.

Appellant Insurance Companies are American and…

2Cases cited64 opinions

  1. Standard Venetian Blind Co. v. American Empire InsuranceSupreme Court of Pennsylvania · 1983
  2. Buss v. Superior CourtCalifornia Supreme Court · 1997
  3. Kvaerner Metals Division of Kvaerner US, Inc. v. Commercial Union Insurance CompanySupreme Court of Pennsylvania · 2006
  4. The Frog, Switch & Manufacturing Co., Inc., in No. 98-7552 v. The Travelers Insurance Company (d.c. Civ. No. 98-Cv-00643) the Frog, Switch & Manufacturing Co., Inc., in No. 98-7553 v. United States Fire Insurance Company (d.c. Civ. No. 98-Cv-00758)Court of Appeals for the Third Circuit · 1999
  5. Hecla Mining Co. v. New Hampshire Insurance Co.Supreme Court of Colorado · 1991

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3Cited by232 opinions

  1. Ramara Inc v. Westfield Insurance CoCourt of Appeals for the Third Circuit · 2016
  2. Benjamin Post v. St Paul Travelers Ins CoCourt of Appeals for the Third Circuit · 2012
  3. Roethlein v. Portnoff Law Associates, Ltd.Supreme Court of Pennsylvania · 2013
  4. Pennsylvania National Mutual Casualty Insurance v. St. JohnSupreme Court of Pennsylvania · 2014
  5. National Surety Corp. v. Immunex Corp.Washington Supreme Court · 2013

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