Equitable Relief That Seeks Costs And Attorney Fees Is A Claim For “Damages”

So ruled the U.S. Ninth Circuit Court of Appeals in National Casualty Co. v. Coastal Development Services Foundation, 2006 WL 700943 (March 20, 2006). The court was considering a Directors and Officers insurance policy, and the definition of damages was “a monetary judgment, award or settlement arising from a covered claim.” The court, sitting in diversity jurisdiction and deciding under California law, said attorney fees constitute a monetary award.

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