Legal Opinion
Hester v. Navigators Insurance
District Court, S.D. New York
Decided January 23, 2013No. 12 Civ. 4033(KBF)PublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM DECISION & ORDER
KATHERINE B. FORREST, District Judge.
In American football the saying goes that the best offense is a good defense. This case asks whether the reverse is true. Even if the best defense were a good offense, however, the Court here decides that an insurer’s duty to pay for an insured’s litigation defense does not extend to paying for the insured’s proactive lawsuits or other pre-litigation activities.
Plaintiff David Hester received a demand letter relating to his use of a certain trademark. He then proactively sued the entity that sent him the demand letter. He now…
2Cases cited23 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
- Hicks v. BainesCourt of Appeals for the Second Circuit · 2010
- W.W.W. Associates, Inc. v. GiancontieriNew York Court of Appeals · 1990
18 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Newman Myers Kreines Gross Harris, P.C. v. Great Northern InsuranceDistrict Court, S.D. New York · 2014
- Adar Bays, LLC v. Aim Exploration, Inc.District Court, S.D. New York · 2017
- Amica Mutual Insurance Company v. Joann Ambrosio and Donald AmbrosioDistrict Court, E.D. New York · 2026
- Falls Lake National Insurance Company v. Nexus Builders Corp.District Court, S.D. New York · 2022
- Joe Hand Promotions, Inc. v. DiloneDistrict Court, E.D. New York · 2020