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Home / Courts / Insurance – Attorney’s Fees – Declaratory Judgment Action – Duty to Defend – Appeals – First Impression (access required)

Insurance – Attorney’s Fees – Declaratory Judgment Action – Duty to Defend – Appeals – First Impression (access required)

Jessco, Inc. v. Builders Mutual Insurance Co. S.C. law permits an insured to recover attorney’s fees when the insured wins a declaratory judgment stating that its insurer breached its duty to defend. The court logically extends this case law to encompass attorney’s fees incurred by the insured when it successfully defends such a judgment on appeal.

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