New York Court of Appeals
U.S. Underwriters Insurance Company, Appellant v. City Club Hotel, LLC, Appellants-Respondents, and Marek…
December 16, 20043 N.Y.3d 592
Summary
The New York Court of Appeals answered a certified question from the Second Circuit affirmatively, holding that an insured who prevails in an insurer's declaratory judgment action may recover attorneys' fees even if the insurer provided a defense in the underlying suit. The Court declined to answer the second certified question concerning special circumstances.