be needed, including two “environmental exerts to prove/refute the presence of mold in the Logan’s apartment(s)” and two “medical experts to prove/refute the Logan’s contention that they suffered damages, including bodily injuries, caused by mold in their apartment(s).” Id. at 13. According to American, “there is no question that the value of the defense and the indemnification sought by Midland together plausibly exceed $75,000.” Id. American’s argument is compelling. As a threshold matter, American is correct that both the cost of providing a defense and the potential cost of indemnifying Midland count toward the amount in controversy. This remains the case even where — as here — the underlying lawsuit remains pending. Meridian Sec. Ins. Co. v. Sadowski, 441 F.3d 536 (7th Cir.2006) (<HOLDING>). American has also sufficiently alleged (that
holding that court of appeals was without jurisdiction to modify judgment against insurer because judgment against insurer became final when it failed to appeal holding that potential outlay for indemnification was put in controversy as soon as insurer brought a declaratory judgment against its insured even though a judgment in the underlying suit had not yet been rendered because if the insurer prevailed on defense it would also prevail on indemnification in the same stroke holding despite a reservation of rights that when the insurer provides a defense to its insured the insured has no right to interfere with the insurers control of the defense and a stipulated judgment between the insured and the injured claimant without the consent of the insurer is ineffective to impose liability upon the insurer holding that in light of evidence that the insurer would have denied coverage even if it had received suit papers on a timely basis the insurer could not show prejudice holding that where there has been no settlement or judgment of liability regarding the underlying claim any imposition of liability is not so immediate as to warrant declaratory relief on the issue of indemnification