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Utah's Supreme Court holds that insurer has no right to reimbursement from policyholder
  • McCarter & English LLP
  • USA
  • March 12 2012

The Supreme Court of Utah recently held that an insurer may not seek restitution from its policyholder if its insurance policy does not provide for it.

Utah Supreme Court advances policyholder rights
  • Morgan Lewis
  • USA
  • February 3 2012

Utah’s highest court rejects an insurance company’s attempt to use the equitable doctrines of unjust enrichment and restitution to recoup an above-limits settlement payment made by the insurer in settlement of an underlying claim, holding that recoupment is only available if explicitly provided for in the insurance contract.

Stephen T. Raptis
  • Manatt Phelps & Phillips LLP