Nationwide Prop. & Cas. v. Selective Way

Nationwide Property & Casualty Insurance Company, et al. v. Selective Way Insurance Company, No. 1, September Term, 2020. Opinion by Getty, J. CIVIL PROCEDURE – PREJUDGMENT INTEREST – DEFENSE COSTS – Court of Appeals held that a plaintiff is not entitled to prejudgment interest, as a matter of right, on the damages in the form of defense costs resulting from a liability insurer’s breach of its duty to defend. Such a claim is unliquidated, not fixed by agreement, and not ascertainable at the time of breach. Therefore, an award of prejudgment interest on amounts paid for defense costs falls…