California, United States of America
The following excerpt is from Toll Bros. Inc v. Onebeacon Ins., G042196, No. 06CC03545 (Cal. App. 2011):
Second, plaintiffs claim defendant's insurance policy did not include an explicit "right of reimbursement clause...." Buss rejected this argument, finding "[t]he insurer therefore has a right of reimbursement that is implied in law as quasi-contractual, whether or not it has one that is implied in fact in the policy as contractual." (Buss v. Superior Court, supra, 16 Cal.4th at p. 51, fn. omitted.) In a footnote, the court explained "[t]hat the insurer does not have a right of reimbursement express in the policy does not mean that it does not have one implied in law. Rather, that it has an implied-in-law right helps explain why it does not have an express-in-policy one. The former renders the latter unnecessary...." (Id. at p. 51, fn. 13.)
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