United States Fidelity and Guarantee Co. vs. United States Sports Specialty Association
Year 2009
Court Utah Supreme Court
Case Number 20090657-SC
  • 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.