U.S. Fidelity And Guarantee Co. V. U.S. Sports Specialty Ass’n
Year 2011
Court Utah Supreme Court
Case Number WL 192793
  • Duty to Settle
  • Utah

In this case an insurer went after its insured to recoup monies it had paid (over policy limits) as part of a settlement. UP argued that because the insurer had initiated the settlement and because there was no right of restitution expressly stated in the policy, it could not recoup. In a significant opinion favorable to policyholders, the Utah Supreme Court agreed.

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