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ABA Section of Environment, Energy, and Resources 21st Fall Conference

Event | 10.11.13, 12:00 AM UTC - 12:00 AM UTC

Are you wondering how the 2012 election is going to impact your environmental, energy and resource practice over the next few years? Then you need to join us at the American Bar Association Section of Environment, Energy, and Resources (SEER) Fall Conference at the Hilton in Baltimore on October 9-12, 2013.

For more information, please visit these areas: Litigation and Trial, Environment and Natural Resources

Insights

Event | 02.20.25

Has the Buss Stopped? Recoupment Today

Has the Buss Stopped? Recoupment Today: In 1997, the California Supreme Court decided Buss v. Superior Court. In Buss, the court concluded that a liability insurer that defended a mixed action could seek reimbursement from the insured for the defense costs associated with the claims that were not even potentially covered. Since then, numerous courts have held that insurers are entitled to recoup their defense costs associated with uncovered claims or causes of action. On the other hand, a significant number of courts have rejected insurers’ right to recoupment, at least in the absence of a policy provision granting the insurer that right. Some commentators have even suggested that the current judicial trend might be away from permitting insurers to recoup their defense costs. Is that correct? Has the Buss stopped? This panel of coverage experts will analyze insurers’ claimed right to recoupment today, and offer their perspectives on what the law on recoupment should perhaps be and might be in the future.