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HESTER v. NAVIGATORS INS. CO.

No. 12 Civ. 4033(KBF).

917 F.Supp.2d 290 (2013)

David HESTER, an individual, Plaintiff, v. NAVIGATORS INSURANCE COMPANY, an Arizona corporation, Defendant.

United States District Court, S.D. New York.

January 23, 2013.

Attorney(s) appearing for the Case

Eugene Killian, Jr., Killian & Salisbury, P.C., Iselin, NJ, for Plaintiff and Defendant.

David Allan Gauntlett, James A. Lowe, Gauntlett & Associates, Irvine, CA, for Plaintiff.

Eric J. Voigt, Mound Cotton Wollan & Greengrass, New York, NY, for Defendant.

MEMORANDUM DECISION & ORDER

KATHERINE B. FORREST, District Judge.

In American football the saying goes that the best offense is a good defense. This case asks whether the reverse is true. Even if the best defense were a good offense, however, the Court here decides that an insurer's duty to pay for an insured's litigation defense does not extend to paying for the insured's proactive lawsuits or other pre-litigation activities.

Plaintiff...

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