I, 604 F.3d at 345. White Mountains has contributed an insufficient amount toward McFatridge’s and Edgar County’s defense costs despite being liable for these costs. Since White Mountains is liable for these defense costs, but National Casualty is not, National Casualty’s contributions to the defense costs before the McFatridge I decision constitute a benefit to White Mountains. National Casualty made clear from the start that its contributions to McFatridge’s and Edgar County’s defense costs were made under a reservation of rights until its legal duties were clarified under the McFa-tridge I declaratory judgment action, so National Casualty never waived its right to recoup its contributions. See Standard Mut. Ins. Co. v. Lay, — Ill.2d -, 371 Ill.Dec. 1, 989 N.E.2d 591, 596 (2013) (<HOLDING>). National Casualty has gone above and beyond
holding that an insurer will not be estopped from denying coverage merely because the underlying case proceeds to judgment before the declaratory judgment action is resolved holding that when the insurer takes the position that the policy does not cover the complaint the insurer must 1 defend the suit under a reservation of rights or 2 seek a declaratory judgment that there is no coverage if the insurer fails to take either of these actions it will be estopped from later raising policy defenses to coverage holding that when an insurer files suit to cancel a policy the entire liability of the insurer both on the policy and under the statute is put in issue holding that a claim against an insurer for vexatious refusal to pay cannot be maintained where the court finds that the insurer has no duty to defend under the policy holding that the insurer had no duty to defend the insured because the allegations of the initial complaint did not allege facts which would bring the case within the coverage of the title insurance policy