Pennsylvania defense costs reimbursement

In American & Foreign Ins. Co. v. Jerry’s Sport Center, No. 88 MAP 2008 (Pa. August 17, 2010), the Supreme Court of Pennsylvania held that, absent express policy language providing for it, an insurer which defends but subsequently obtains a judicial declaration of no duty to defend, is not entitled to recover from the insured the costs it incurred in defending the insured.