COVID-19
Sagome Inc. D/B/A L’Hostaria v. The Cincinnati Insurance Co.
Year: 2022
Court: United States Court of Appeals for the Tenth Circuit
Case Number: 21-1359
Issue:
  • COVID-19
State:
  • Colorado

In its amicus curiae brief, UP supports coverage for an insured’s business interruption losses related to the SARS-CoV-2 virus and COVID-19. UP argues that decades of case law demonstrate what the insurance industry and policyholders have long known: that “all risks” insurance policies protect insureds against a…
ES Restaurant Group Inc. et al v. Fireman’s Fund Insurance Company et al
Year: 2022
Court: United States Court of Appeals for the Ninth Circuit
Case Number: 21-35498
Issue:
  • COVID-19
State:
  • Washington

In its amicus curiae brief, UP supports coverage for an insured’s business interruption losses related to the SARS-CoV-2 virus and COVID-19. UP argues that decades of case law demonstrate what the insurance industry and policyholders have long known: that “all risks” insurance policies protect insureds against a…
Wild Eggs Holdings v. State Auto and Property Casualty Ins. Co
Year: 2021
Court: United States Court of Appeals for the Sixth Circuit
Case Number: 21-5962
Issue:
  • COVID-19
State:
  • Kentucky

In its amicus curiae brief, UP supports coverage for an insured’s business interruption losses related to the SARS-CoV-2 virus and COVID-19. UP argues that decades of case law demonstrate what the insurance industry and policyholders have long known: that “all risks” insurance policies protect insureds against a…
Verveine Corp. d/b/a Coppa & others vs. Strathmore Ins. CO. & another
Year: 2021
Court: Massachusetts Supreme Judicial Court
Case Number: SJC-13172
Issue:
  • COVID-19
State:
  • Massachusetts

In its amicus curiae brief, UP supports coverage for an insured’s business interruption losses related to the SARS-CoV-2 virus and COVID-19. UP argues that decades of case law demonstrate what the insurance industry and policyholders have long known: that “all risks” insurance policies protect insureds against a…
The Cordish Companies v. Affiliated FM Insurance Company
Year: 2021
Court: United States Court of Appeals for the Fourth Circuit
Case Number: 21-2055
Issue:
  • COVID-19
State:
  • Maryland

In its amicus curiae brief, UP supports coverage for an insured’s business interruption losses related to the SARS-CoV-2 virus and COVID-19. UP argues that decades of case law demonstrate what the insurance industry and policyholders have long known: that “all risks” insurance policies protect insureds against a…
Consolidated Restaurant Operations, Inc. v. Westport Ins. Corp.
Year: 2021
Court: New York Appellate Division First Department
Case Number: 2021-02971 & 2021-04034
Issue:
  • COVID-19
State:
  • New York

In the New York Appellate Division, First Department, United Policyholders submitted an amicus brief supporting coverage for an insured’s business interruption losses related to the SARS-CoV-2 virus and COVID-19. UP’s brief argues that decades of case law demonstrate what the insurance industry and policyholders have…
North State Deli, LLC, et al v. The Cincinnati Insurance Company, et al
Year: 2021
Court: North Carolina Court of Appeals
Case Number: COA 21-293
Issue:
  • COVID-19
State:
  • North Carolina

In its amicus curiae brief, UP supports coverage for an insured’s business interruption losses related to the SARS-CoV-2 virus and COVID-19. UP argues that decades of case law demonstrate what the insurance industry and policyholders have long known: that “all risks” insurance policies protect insureds against a…
Colectivo Coffee Roasters et al. v. Society Insurance, A Mutual Company
Year: 2021
Court: Wisconsin Supreme Court
Case Number: 2021AP000463
Issue:
  • COVID-19
State:
  • Wisconsin

In its amicus curiae brief, UP supports coverage for an insured’s business interruption losses related to the SARS-CoV-2 virus and COVID-19. UP brief provides the Wisconsin Supreme Court with legal precedent and arguments relating to five distinct points: (1) airspace is an important part of…
1 S.A.N.T., Inc. v. Berkshire Hathaway, et al.
Year: 2021
Court: United States Court of Appeals for the Third Circuit
Case Number: Nos. 21-1109; 21-1038; 21-1039; 21-1106; 21-1107; 21-1294
Issue:
  • COVID-19
State:
  • Pennsylvania

In its amicus curiae brief, UP supports coverage for an insured’s business interruption losses related to the SARS-CoV-2 virus and COVID-19. UP’s discusses the application of the regulatory estoppel doctrine to COVID-19 related losses. The doctrine of regulatory estoppel prevents insurers from profiting by misleading…
First and Stewart Hotel Owner, LLC v. Fireman’s Fund Insurance Company
Year: 2021
Court: United States Court of Appeals for the Ninth Circuit
Case Number: 21-35637
Issue:
  • COVID-19
State:
  • Washington

In its amicus curiae brief, UP supports coverage for an insured’s business interruption losses related to the SARS-CoV-2 virus and COVID-19. UP’s brief provides the Court with 50 years of case law from the Ninth Circuit and across the country showing that the standard insuring language…
Sportime Clubs, LLC v. American Home Assurance Company
Year: 2021
Court: New York Supreme Court Appellate Division Second Judicial Department
Case Number: 2021-05000
Issue:
  • COVID-19
State:
  • New York

In its amicus curiae brief, UP supports coverage for an insured’s business interruption losses related to the SARS-CoV-2 virus and COVID-19. UP’s brief provides the Court with 50 years of history and case law in New York and across the country showing that the standard insuring…
Selane Products, Inc. v. Continental Casualty Company
Year: 2021
Court: United States Court of Appeals for the Ninth Circuit
Case Number: 21-55123
Issue:
  • COVID-19
State:
  • California

In its amicus curiae brief, UP supports an insured’s petition for rehearing in the context of coronavirus-related business income losses. UP’s brief argues three main points: (1) the Panel misapplied the Civil Authority Endorsement in the insured’s policy; (2) decades of case law confirm that…
Chattanooga Professional Baseball LLC v. National Casualty Co.
Year: 2021
Court: United States Court of Appeals for the Ninth Circuit
Case Number: 20-17422
Issue:
  • COVID-19
  • Regulatory Estoppel
State:
  • Arizona

In its amicus curiae brief, UP supports an insured’s petition for rehearing on the basis that the Ninth Circuit Panel misapplied the doctrine of regulatory estoppel.
Boulevard Carroll Entertainment Group v. Fireman’s Fund Insurance Company
Year: 2021
Court: United States Court of Appeals for the Third Circuit
Case Number: 21-1061
Issue:
  • COVID-19
State:
  • New Jersey

In its amicus curiae brief, UP supports coverage for an insured’s business interruption losses related to the SARS-CoV-2 virus and COVID-19. UP’s brief provides the Court with 50 years of history and case law in New Jersey and across the country showing that the standard insuring…
Hartford Fire Insurance v. MODA, LLC et. al.
Year: 2021
Court: Appellate Court of the State of Connecticut
Case Number: AC 44820
Issue:
  • COVID-19
State:
  • Connecticut

In its brief, UP weighs in on the long-standing precedent set by the insurance industry and courts that property insurance policies cover loss from events that render a property unfit for its intended use. Insurance industry drafting organizations have, for decades, concluded that the terms…
Circus Circus v. AIG Specialty Ins. Co.
Year: 2021
Court: United States Court of Appeals Ninth Circuit
Case Number: 21-15367
Issue:
  • COVID-19
State:
  • Nevada

In its brief, UP weighs in on the tumultuous effect the pandemic has inflicted on the entertainment industry, namely a hotel/ casino in the entertainment capital of the world. Apart from, but complimentary to, the argument of the policyholder that the presence of COVID-19 at the insured…
Circle Block Partners et. al. v. Fireman’s Fund Ins. Co.
Year: 2021
Court: United States Court of Appeals Seventh Circuit
Case Number: 21-2459
Issue:
  • COVID-19
State:
  • Indiana

In its brief, UP explores how an all-risk policy, like the one sold by FFIC, is meant to cover all risks of physical loss or damage that are not expressly excluded in the policy. Indiana law places the burden on insurance companies to clearly and…
Summit Hospitality Group, LTD. v. The Cincinnati Ins. Co.
Year: 2021
Court: United States Court of Appeals Fourth Circuit
Case Number: 21-1362
Issue:
  • COVID-19
State:
  • North Carolina

In its brief, UP explores the district court ruling that Summit had not pleaded a claim for relief, holding that Summit did not plausibly allege that access to its property was “specifically denied” due to COVID-19 and the government orders limiting access to the business. Citing no authority,…