Hanover Insurance v. Golden

We granted further appellate review in this case to consider the question of an insurer’s liability to its insureds for reasonable attorney’s fees incurred to establish the insurer’s duty to defend, where the insurer had neither failed nor refused to defend the insured. See Hanover Ins. Co. v. Golden, 51 Mass. App. Ct. 465 (2001). We agree with the Appeals Court and hold that, if an action for declaratory relief concerning an insurer’s duty to defend under , a liability insurance policy is resolved in favor of the insured, then the insured is entitled to recover attorney’s fees without regard…