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NJ Court Clarifies Policyholders' Right to Recover Out-of-State Coverage Counsel Fees

By Sherilyn Pastor, Gregory Horowitz and Stephanie Platzman-Diamant
October 11, 2010

A successful policyholder may recover counsel fees in certain circumstances. Oftentimes, the counsel fees are awarded in the same insurance coverage proceeding in which they are incurred. But, what happens when some of the successful policyholder's fees are incurred in a competing, out-of-state coverage action? According to the New Jersey Supreme Court in Myron Corp. v. Atlantic Mutual Insurance Co., __ N.J. __, 2010 N.J. LEXIS 700 (July 27, 2010), a policyholder's right to recover counsel fees extends even to those fees incurred defending against an insurer-initiated, out-of-state declaratory judgment action.

Policyholders' Right to Coverage Counsel Fees

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