Advancing Policyholder Rights In Utah

Law360, New York (February 16, 2012, 1:57 PM ET) -- Weighing in on an issue that has split courts, the Utah Supreme Court recently held that a liability insurer that funds a settlement of an underlying claim against its policyholder for more than policy limits cannot later seek reimbursement of amounts paid in excess of policy limits under the “equitable principles” of unjust enrichment or restitution.

Instead, the court held that recoupment is available only when the right is expressly provided in the insurance policy. U.S. Fid. & Guar. Co. v. U.S. Sports Specialty Ass’n, No....
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