Policy Dictates Insurers' Right To Restitution: Utah Court

Law360, New York (January 27, 2012, 6:51 PM EST) -- The Utah Supreme Court ruled Tuesday that an insurer cannot seek restitution from a policyholder unless a policy expressly allows it, giving a boost to a sports organization battling U.S. Fidelity and Guaranty Co. over a settlement in an underlying personal injury suit.

The court tackled a question certified to it by a Utah federal court, where U.S. Fidelity is seeking reimbursement from the U.S. Sports Specialty Association for the portion of a $4.8 million settlement that exceeds the USSSA's $2 million policy limit. The question...
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