Lexington wins unprecedented $3.9 million fee fight against Great American surety


The ruling, handed down on March 24, 2026, by Judge Theresa L. Springmann of the United States District Court for the Northern District of Indiana, resolved a question that neither party – nor the court – could find any precedent for: when a liability insurer pays for its insured’s defense in an arbitration, and the arbitration panel then awards those same defense costs back to the insured, does the money belong to the insurer or to the surety that also has a claim on the insured’s assets?



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