United States Fidelity & Guarantee Co. v. United States Sports Specialty Ass'n

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? (8) And finally, if such a right exists, does an insurer's payment in exeess of a policy's limit impact any such right? Because we conclude that an insurer may obtain the right to…