2351. Insurers Claim for Reimbursement of Costs of Defense of Uncovered Claims

2351. Insurer?s Claim for Reimbursement of Costs of Defense of Uncovered Claims Instruction No 1 Request by Plaintiff Request by Defendant Requested by Given as Proposed Given as Modified Given on Court?s Motion Refused Withdrawn Judge Instruction No 1 [Name of insurer] claims that it is entitled to partial reimbursement from [name of insured] for the costs that it spent in defending [name of insured] in the lawsuit brought by [name of plaintiff in underlying suit] against [name of insured]. [Name of insurer] may obtain reimbursement only for those defense costs that it proves can be allocated solely to claims that are not even potentially covered by the insurance policy. I have determined that the following claims in [name of plaintiff in underlying suit]?s lawsuit were not even potentially covered by the policy: [specify]. You must determine the dollar amount of [name of insurer]?s costs of defense that were attributable only to these claims. Costs for work that also helped the defense of the other claims that were potentially covered should not be included. New December 2015