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USF&G v. U.S. SPORTS SPECIALTY ASS'N

No. 20090657.

270 P.3d 464 (2012)

2012 UT 3

UNITED STATES FIDELITY AND GUARANTEE CO., Plaintiff, Counter-claim Defendant and Appellant, v. UNITED STATES SPORTS SPECIALTY ASSOCIATION, Defendant, Counterclaimant and Appellee. United States Sports Specialty Association, Plaintiff, v. Nelson, Chipman & Burt, Clifford Payne, Lewis Quigley and American Specialty Insurance Risk Services, Inc., Third-Party Defendants and Appellees.

Supreme Court of Utah.

January 24, 2012.

Attorney(s) appearing for the Case

L. Rich Humpherys , Karra J. Porter , Geoffrey C. Haslam , Barton H. Kunz II , Salt Lake City, for appellant.

Alan C. Bradshaw , Tyson B. Snow , Salt Lake City, for appellee United States Sports Specialty Association.

John A. Snow , Salt Lake City, for appellee Nelson, Chipman & Burt.

Jonathan O. Hafen , Bryan S. Johansen , Salt Lake City, William G. Passannante , Marc T. Ladd , New York, NY, Amy Bach , San Francisco, CA, for amicus United Policyholders.

Justice NEHRING, opinion of the Court:

INTRODUCTION

¶ 1 We have agreed to answer the following questions certified to us by the United States District Court for the District of Utah: (1) Does an insurer have a right to reimbursement or restitution against an insured? (2) If an insurer does have a right to reimbursement or restitution against an insured, are there any prerequisites to receiving such a right? (3) And finally, if such a right exists, does...

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