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Cartel Risks 2009

Event | 03.06.09, 12:00 AM UTC - 12:00 AM UTC

Two representatives of Crowell & Moring's international antitrust practice will be speaking at the IBC conference titled "Cartel Risks" to be held in Brussels on 6 March 2009. Jeff Blumenfeld will address the impact of US criminal liability in the context of international investigations and Sean-Paul Brankin will analyze the changing environment with regard to private enforcement in Europe.

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.