Puget Sound Energy v. Certain Underwriters at Lloyd's, London

¶1 Under Weyerhaeuser Co. v. Commercial Union Insurance Co.1 and Puget Sound Energy, Inc. v. ALBA General Insurance Co.,2 before a setoff is allowed, the nonsettling insurer in an environmental cleanup litigation has the burden of proving that the insured has been made whole by its settlements with other insurers. Certain Underwriters at Lloyd’s, London and Certain London Market Insurance Companies (London), the sole insurer who did not settle in this case, is not entitled to a setoff because it failed to carry its burden of proving Puget Sound Energy (Puget) had been made whole by prior…