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ARIAS 2017 Spring Conference

Event | 05.03.17 - 05.05.17, 12:00 AM UTC - 12:00 AM UTC

Address

Ritz-Carlton Naples, FL
280 Vanderbilt Beach Rd, Naples, FL 34108

The risk landscape is ever evolving as emerging risks continue to develop and change at a rapid pace. For the re/insurance industry, the march of progress and modern technology has heightened the awareness of risk, bringing with it a sense of uncertainty as well as unexpected opportunities. What are these new and unforeseen risks, and what opportunities do they present to re/insurers? Connect with other participants in small, in depth, roundtable discussions moderated by industry experts. Seize the opportunity to discuss new trends, exchange best practices, and build on existing knowledge. Each roundtable will focus on an emerging risk topic, including: Autonomous Vehicles, Big Data, Blockchain Technology, Cybersecurity, Drones, ERM, GMOs, Nanotechnology, Opioid Crisis, and Talcum Powder.


Round 1: 3:35 p.m. – 4:25 p.m.
Round 2: 4:35 p.m. – 5:25 p.m.


Roundtable Leaders:

David McLauchlin, The McLauchlin Law Group
Charles T. Morris, Hanover Stone Solutions, LLC
Joseph Sano, Prince Lobel Tye LLP
Laura A. Foggan, Crowell & Moring LLP
Dale Crawford, ARIAS•U.S. Arbitrator
Tom Cunningham, Sidley Austin LLP
Elizabeth Kniffen, Zelle Hofmann Voelbel & Mason LLP
Royce Cohen, Tressler LLP
Tom Bernier, Goldberg Segalla LLP
Ryan Russell, San Francisco Reinsurance Company
Timothy Curley, San Francisco Reinsurance Company
Kelsey Brunette, Munich Re America
Kevin J. Tierney, Disability RMS
Jay Kenigsberg, Rivkin Radler

Participants

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.

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