Insights

Has the Buss Stopped? Recoupment Today: In 1997, the California Supreme Court decided Buss v. Superior Court. In Buss, the court concluded that a liability insurer that defended a mixed action could seek reimbursement from the insured for the defense costs associated with the claims that were not even potentially covered. Since then, numerous courts have held that insurers are entitled to recoup their defense costs associated with uncovered claims or causes of action. On the other hand, a significant number of courts have rejected insurers’ right to recoupment, at least in the absence of a policy provision granting the insurer that right. Some commentators have even suggested that the current judicial trend might be away from permitting insurers to recoup their defense costs. Is that correct? Has the Buss stopped? This panel of coverage experts will analyze insurers’ claimed right to recoupment today, and offer their perspectives on what the law on recoupment should perhaps be and might be in the future.

Caroline Brown is set to lead the keynote fireside discussion at the highly regarded 14th Annual New York Forum on Economic Sanctions hosted by ACI.

On 23 January 2025 at 16:00 CET, Crowell will host a webinar on the new Trump Administration and what it means for businesses outside the US. It will focus, in particular, on the Trump Administration’s policy objectives, how they will be implemented, and the legal and real-world impacts. By the date of the webinar, the new Trump Administration is expected to have issued its first Executive Orders, and there will be more clarity on their scope and content.  

Join Crowell & Moring for an insightful webinar as we reflect on 2024 and look ahead to 2025.

Crowell & Moring’s Government Contracts Group invites government contractors to a webinar in which we address the most consequential sections of the FY 2025 National Defense Authorization Act, including changes related to cybersecurity, supply chain, small business, and acquisition policy.