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Mortgage Bankers Association (MBA) - Commercial Real Estate Finance/Multifamily Housing Convention & Expo 2010

Event | 02.01.10 - 02.04.10, 12:00 AM UTC - 12:00 AM UTC

The last year has produced a business climate with challenges like none seen in recent history, and industry predictors assure us that more change is coming. The industry continues to work toward the return of the capital markets while managing with severely limited liquidity. Across all sectors of the economy, businesses are learning to do more with fewer resources under heightened scrutiny and ever-increasing calls for transparency.

Clearly, the commercial/multifamily finance industry has entered a new climate in which new strategies are being developed in order to take advantage of new opportunities.

By attending the largest commercial real estate finance industry convention, attendees will have an opportunity to network with colleagues from across the industry and participate in dynamic sessions led by industry leaders guaranteeing the most up-to-date information and research on commercial real estate trends.

William O'Connor is the moderator and he and John Bricker will speak on the subject of "Options for Stressed and Distressed CMBS in the Current Market." Other speakers include Michael Lesser, Managing Director, Eastdil Secured, LLC, Bruce Nelson, Principal, Situs Realty Services, Inc., Mark Weibel, Partner, Fulbright & Jaworski LLP and Kevin C. Donahue, Senior Vice President, PNC Real Estate/Midland Loan Services, Inc.

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.