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

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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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Michael J. Anderson is a U.S.-based fire safety enthusiast and writer who focuses on making fire protection knowledge simple and accessible. With a strong background in researching fire codes, emergency response planning, and safety equipment, he creates content that bridges the gap between technical standards and everyday understanding.

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