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Duke's $5M Defense?

By K.C. Johnson

National Union, the insurance company sued by Duke, has filed its response?and the brief makes for interesting reading.Among the claims:1.) Since December 3, 2007, according to National Union?s filing, Duke?s lacrosse case legal expenses have exceeded $5 million.From the brief: ?Pursuant to the 2006 Policy, Defendant has advanced and paid to Plaintiff Duke University as defense costs the full $5,000,000.00 policy limit.?If true, this assertion is extraordinary: Duke has exhausted its legal limit for defense costs before the case has even entered discovery. The University, it seems, is gambling everything on prevailing at summary judgment.(National Union also is claiming that because Duke didn?t first inform the carrier that civil suits likely would be filed until December 3, 2007, the company isn?t liable for any of the University?s legal fees before that date...continue to full post

Full post as published by Durham-in-Wonderland on January 19, 2009 (boomark / email).