St. Paul Fire & Marine Insurance Co. v. Bodell Construction Co.
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The Supreme Court held that, under Hawai'i law, an insurer may not seek reimbursement from an insured for defending claims when an insurance policy contains no excess provision for reimbursement, and furthermore, a reservation of rights letter will not do.
At issue was whether an insurer may seek equitable reimbursement from an insured for defense fees and costs when the relevant insurance policy contains no express provision for such reimbursement but the insurer agrees to defend the insured under a reservation of rights, including reimbursement of defense fees and costs. The Supreme Court answered the question in the negative, holding that an insurer may not recover defense costs for defended claims unless the insurance policy contains an express right to reimbursement.
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