Aetna Casualty & Surety Co. v. Paul Joseph Pitrolo

Summary

The court held that an insurer that unjustifiably refuses to defend its insured must reimburse reasonable attorney’s fees and litigation costs incurred in defending the underlying actions and in establishing the duty to defend through a declaratory judgment action. It further held that the trial court improperly awarded a fee amount without factual findings, legal conclusions, or an evidentiary hearing addressing reasonableness. The fee entitlement was affirmed, but the amount awarded was reversed and remanded for further proceedings.