United States Sixth Circuit

Because an insured entered into an implied in fact contract by accepting defense costs subject to a reservation of the right to recoupment if a court determined that the insurer had no duty to defend, and a court made such a finding, the insurer is entitled to reimbursement of its defense costs and prejudgment interest.

Appellate Information

• Decided 11/04/2002
• Published 11/04/2002

Judges

• Before BATCHELDER and CLAY, Circuit Judges;  CARR, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• James Christian Nielsen (argued and briefed), Thomas H. Nienow, Nielsen, Haley & Abbott, San Francisco, CA, for Plaintiff-Appellant.


• For Appellees:
  
• Lawrence R. Elleman (argued), David P. Fornshell, Dinsmore & Shohl, Cincinnati, OH, Gerald W. Simmons (briefed), Thompson Hine, Cincinnati, OH, for Defendant-Appellee.