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Defeating Terrorism with the Law: Civil Anti-Terrorism Litigation in the US

Event | 04.11.08, 12:00 AM UTC - 12:00 AM UTC

This is an American Association of Jewish Lawyers and Jurists and DC Bar event and will take place at the Ronald Reagan Building in Washington, DC. Crowell & Moring's Stu Newberger will be one of the featured speakers. Please click here for a PDF of the registration form.

For more information, please visit these areas: International Dispute Resolution, International Arbitration, International Litigation

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.