United States Fidelity and Guarantee Co. vs. United States Sports Specialty Association
Year: 2009
Court: Utah Supreme Court
Case Number: 20090657-SC
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.
UP’s brief was written pro bono by William G. Passannante, Esq. and Marc Ladd, Esq. of Anderson Kill & Olick, PC. Of Counsel: Amy Bach, Esq.