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4199 Disposition of a cross claim filed by an insured against its insurer in a third party action against the insured and in which the insured sought a declaratory judgment regarding coverage by asserting its primary right to a defense under the policy precludes subsequent litigation by the insured against the insurer for damages arising from the insurer's delay in defending the third party action.CitationLINCOLN PROPERTY CO v TRAVELERS (Failure to Defend) 137 CA4 905 [See: Mycogen v Monsanto 28 C4 888, P/AT 9/02]
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