In a 2009 article for DRI’s For the Defense, Goldberg Segalla partner Jonathan L. Schwartz analyzed the seminal cases examining an insurer’s ability to “pay and recoup” from its policyholder, particularly where the insurer reserves its right to seek reimbursement of settlement payments attributable to uncovered claims. Since that treatment was written, additional decisions have given the contours of this area of jurisprudence more definite shape.

Here in Covered Events, the newsletter of DRI’s Insurance Law Committee, Jonathan and Colin B. Willmott, also an attorney in the firm’s Global Insurance Services Practice Group, explore whether insurers can expect to effectively undertake a “pay and recoup” approach in the future.  The article further examines how insurers may persuade courts that have allowed insurers to unilaterally recoup defense payments attributable to uncovered claims to also allow insurers to do the same for settlement payments attributable to uncovered claims.

Read the article here:

• Jonathan L. Schwartz and Colin B. Willmott, “Settlement Wars: Episode 2—The Frank’s Casing/Blue Ridge Saga Continues,” DRI Covered Events, December 22, 2014