In a decisively pro-policyholder decision issued by the United States Court of Appeals for the Sixth Circuit in IMG Worldwide, Inc. v. Westchester Fire Ins. Co., Nos. 13-3832, 13-3837 (6th Cir. July 15, 2014), the court righted a wrong in not only affirming a jury’s finding that an excess carrier had breached its duty to indemnify its insured, IMG, but also, in reversing the trial court’s ruling that the excess insurer, Westchester, had not breached its duty to defend, noting that to uphold the trial court’s ruling in this regard would “not only penalize IMG, the non-breaching party, but … would provide perverse incentives: encouraging insurers to disclaim their duties to defend.”