COVID-19
HT-Seattle Owner, LLC. v. American Guarantee and Liability Ins. Co.
Year: 2021
Court: United States District Court Western District of Washington At Seattle
Case Number: Number: 2:21-cv-00048-BJR
Issue:
  • COVID-19
State:
  • Washington

In its brief, UP sheds light on Zurich Edge’s pre-printed policy form that it issues to only its very large property policyholders and includes an endorsement that deletes “virus” from the Policy’s Contamination Exclusion (the “Virus Deletion Endorsement”). The “all-risk” policy provides coverage for COVID…
Neuro-Communication Services, Inc. v. The Cincinnati Ins. Co.
Year: 2021
Court: The Supreme Court of Ohio
Case Number: 20CV01275
Issue:
  • COVID-19
State:
  • Ohio

In its brief, UP urges the court to exercise its discretion and decline to answer a question that was certified by the United States District Court, Northern District of Ohio. The question, UP argues, addresses well settled principles of contract and insurance law that are…
Procaccianti Co. Ins. v. Zurich American Ins. Co.
Year: 2021
Court: United States District Court for the District of Rhode Island
Case Number: 1:20-cv-00512-WES-PAS
Issue:
  • COVID-19
State:
  • Rhode Island

In its brief, UP refutes Zurich’s position that “the headings in the Policy should be used to defines the scope of coverage.” UP’s position is that this notion upends the long-established principles of insurance policy interpretation. Policy language must be given it plain, ordinary, and…
Gavrilides Management Co. LLC et. al. v. Michigan Ins. Co.
Year: 2021
Court: Thirtieth Judicial Circuit Court of Michigan, Ingham County
Case Number: 354418
Issue:
  • COVID-19
State:
  • Michigan

In its brief, UP argues four points relating to whether COVID-19 constitute physical loss or damage and whether the findings of previous courts preclude policyholders from being compensated for business interruptions. This case is not the proper vehicle for ruling on an issue that will…
Mudpie v. Travelers Casualty Ins. Co.
Year: 2021
Court: United States Court of Appeals for the Ninth Circuit
Case Number: 4:20-cv-03213-JST
Issue:
  • COVID-19
State:
  • California

UP’s February 9, 2021 brief discusses whether COVID-19 triggers “physical loss or damage” under a business interruption coverage policy. UP argues that given the insured’s limited allegations in their initial complaint, the most appropriate course of action is for the Ninth Circuit to decline to…
Plan Check Downtown v. Amguard Ins. Co, et. al.
Year: 2021
Court: United States Court of Appeals for the Ninth Circuit
Case Number: 2:20-cv-06954-GW-SKx
Issue:
  • COVID-19
State:
  • California

In its brief, UP explores whether the effects of COVID-19 triggers “physical loss or damage” under a business interruption coverage policy. UP states that the most appropriate course of action is for the court to: decline to certify the “physical loss or damage” issue to…
Serendipitous, LLC/Melt v. The Cincinnati Insurance Company
Year: 2020
Court: United States District Court for the Northern District of Alabama
Case Number: 20-cv-00873-MHH
Issue:
  • COVID-19
State:
  • Alabama

In its brief, UP opposed a Motion to Dismiss a COVID-19 Business Interruption Claim by The Cincinnati Insurance Company. UP argues that the presence, suspected presence, or the imminent threat of the presence of the deadly SARS-CoV-2 virus that results in the suspension of business…
Rose’s 1 v. Erie Insurance Exchange
Year: 2020
Court: District of Columbia Court of Appeals
Case Number: 2020 CA 002424B
Issue:
  • COVID-19
State:
  • District of Columbia

In its brief, UP, along with the National Independent Venue Association (NIVA), supported the plaintiffs-appellants regarding their COVID-19 Business Interruption insurance claim and asked the Court to reverse the Superior Court’s grant of summary judgment to Erie Insurance Exchange. UP and NIVA argued that this…
Chattanooga Professional Baseball LLC v. National Casualty Co.
Year: 2020
Court: United States District Court for the District of Arizona
Case Number: 2:20-cv-01312-DLR
Issue:
  • COVID-19
State:
  • Arizona

In its brief, UP opposed a Motion to Dismiss a COVID-19 Business Interruption Claim by National Casualty Co. This case involves the application of a Virus or Bacteria Exclusion which was drafted by insurance industry drafting organizations, the Insurance Service Office, Inc. (“ISO”) and the…
Big Onion Tavern Group, LLC v. Society Insurance, Inc.
Year: 2020
Court: United States District Court for the Northern District of Illinois
Case Number: 20-cv-02005
Issue:
  • COVID-19
State:
  • Illinois

In its brief, UP opposed a Motion to Dismiss a COVID-19 Business Interruption Claim by Society Insurance, Inc. UP argued that, properly construed, Society’s property policies provide coverage for the loss of property sustained by plaintiffs. UP argues that “physical loss” cannot mean the same…
Vita Coffee, LLC v. Fireman’s Fund Insurance Company
Year: 2020
Court: United States District Court Western District of Washington at Seattle
Case Number: 2:20-cv-01079-JCC-DWC
Issue:
  • COVID-19
State:
  • Washington

In its brief, UP, along with the National Independent Venue Association and the Washington Hospitality Association, opposed a Motion to Dismiss a COVID-19 Business Interruption claim by Fireman’s Fund Insurance Company. UP focused on the following arguments: Washington rules of insurance contract interpretation do not…
Nostalgic Partners LLC (MiLB) v. Philadephia Indemnity Insurance Co.
Year: 2020
Court: United States District Court for the Eastern District of Pennsylvania
Case Number: 20-cv-03346-ABB
Issue:
  • COVID-19
State:
  • Pennsylvania

In its brief, UP, along with the National Independent Venue Association (NIVA), opposed a Motion to Dismiss a COVID-19 Business Interruption Claim by Philadelphia Indemnity Insurance Co. UP and NIVA discuss the application of a Virus or Bacteria Exclusion and whether insurers misrepresentations that property…
Chloe’s Cafe v. Oregon Mutual Insurance Co.
Year: 2020
Court: United States District Court Northern District of California
Case Number: 3:20-cv-05467-LB
Issue:
  • COVID-19
State:
  • California

In its brief, UP opposed a Motion to Dismiss a COVID-19 Business Interruption Claim by Oregon Mutual Insurance Company. Specifically, UP address the question of whether “direct physical loss or damage” occurs when the proliferation of a deadly virus and ensuing government closure orders deprive…
Motiv Group, Inc. v. Continental Casualty Co.
Year: 2021
Court: United States District Court Central District of California Western
Case Number: 3:20-cv-08206
Issue:
  • COVID-19
State:
  • California

In its brief, UP reasons that under California law, real and personal property sustains “direct physical loss or damage” when the proliferation of a deadly virus and ensuing government closure orders deprive that property of its intended use. Its reasoning is that California has set…
Rising Dough, Inc. v. Society Insurance
Year: 2020
Court: United States District Court - Eastern District of Wisconsin
Case Number: 2:20-CV-00623-JPS
Issue:
  • COVID-19
State:
  • Wisconsin

In its brief, UP, along with NIVA, opposed a Motion to Dismiss and argued that the unsuitability of a property for its intended purpose resulting in the suspension of business operations can and did constitute “physical loss of” the insured property under the Policies issued…
Joseph Tambellini, Inc. v. Erie Insurance Exchange
Year: 2020
Court: Supreme Court of Pennsylvania
Case Number: 52 WM 2020
Issue:
  • COVID-19
State:
  • Pennsylvania

In its brief, UP weighed in to argue against a homogenous, one-size-fits-all judicial resolution for business interruption (BI) claims resulting from Governor Tom Wolf’s emergency order regulating actives of business and persons in Pennsylvania. UP first argues that the proposed consolidation would limit the options…
Prime Time Sports Grill, Inc. v. DTW1991 Underwriting Limited, A Certain Interested Underwriter at Lloyd’s London
Year: 2020
Court: United States District Court Middle District of Florida
Case Number: 8:20-cv-00771-CEH-JSS
Issue:
  • COVID-19
State:
  • Florida

In its brief, UP opposed a Motion to Dismiss and seeks to address the limited issue that the certain covered causes of loss (such as COVID-19 and civil authority orders) can in good faith be alleged to have caused “direct physical loss or damage.” UP…
IN RE: COVID-19 Business Interruption Protection Insurance Litigation
Year: 2020
Court: United States Judicial Panel on Multidistrict Litigation
Case Number: MDL Docket No. 2942
Issue:
  • COVID-19
State:
  • United States

In its brief, UP urged the court against creating the first-ever nationwide insurance coverage MDL, attempting to consolidate all lawsuits seeking coverage for losses related to the COVID-19 pandemic into a single MDL proceeding of staggering scope and breadth. UP argued: First, while the cases…