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.

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

This Transportation industry-focused discussion will help you identify, understand, and prepare for the impact of the new administration on your business.

Get ready for 2025 by joining us to review the major changes to California employment law that occurred in 2024.  This year, California finally reformed the state’s Private Attorneys General Act (“PAGA”), limiting the ability of plaintiff’s to bring claims unrelated to their own employment experiences and creating significant incentives for employers to act swiftly to find and fix any employment law violations.