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Energy & Mineral Law Foundation 31st Annual Institute

Event | 05.09.10 - 05.11.10, 12:00 AM UTC - 12:00 AM UTC

This is the 31st Annual Institute of the Energy & Mineral Law Foundation.

Kirsten Nathanson is the Vice President & President-Elect. Jessica Hall is one of the speakers in the General Session. Her topic is "Climate Change Tort Litigation: An Emerging Wave?" Ann Mason and Bridget Littlefield are the speakers in the Coal and Mine Safety Session. Their topic is "Critical Issues in the Law of Civil and Criminal Liability Under the Mine Act."

For more information, please visit these areas: 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.