U.S. Fidelity And Guarantee Co. V. U.S. Sports Specialty Ass’n

Year: 2011
Court: Utah Supreme Court
Case Number: WL 192793

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.

The Brief was written pro bono by William G. Passannante, Esq. of Anderson Kill & Olick, PC. and Marc Ladd, Esq.

 

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Source: https://uphelp.org/amicus-briefs/u-s-fidelity-and-guarantee-co-v-u-s-sports-specialty-assn/
Date: November 26, 2024