Insurer Entitled to Reimbursement of Defense Costs for Non-Covered Claims

In Chiquita Brands Int’l, Inc. v. Nat’l Union Fire Ins. Co., 2015-Ohio-5477 (Oh. Ct. App. Dec. 30, 2015), the Court of Appeals of Ohio held that an insurer was entitled to recover defense costs and prejudgment interest pursuant to restitution theory. Ultimately, however, the net effect of Chiquita Brands Int’l, Inc. is somewhat diminished by the Court of Appeals’ statement that its holding was narrow and limited to the particular posture and facts of the case, which while not exceeding rare, may be difficult …

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