Alabama
State Farm v. Amanali Babwari
Year: 2024
Court: 11th Circuit Court of Appeals
Case Number: 24-11396
Issue:
  • Duty to Defend
State:
  • Alabama

United Policyholders’ amicus brief addresses the consequence of an insurance company’s breach of the duty to defend. UP’s brief argues that State Farm should not be allowed to attempt to avoid paying for a consent judgment issued against its insured. State Farm initially defended its…
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…
Gilbert, Bill vs. Alta Health & Life Insurance and Great-West Life & Annuity Insurance
Year: 2001
Court: U.S. Court of Appeals, 11th Circuit
Case Number: 01-10829-GG
Issue:
  • ERISA
State:
  • Alabama

Scope of ERISA preemption after Unum Life Insurance v. Ward. United Policyholders argued that remedial state statutes regulate insurance and should not be pre-empted by ERISA.
Owner’s Insurance Company v. Jim Carr Homebuilder et al.
Year: 2014
Court: Alabama Supreme Court
Case Number: 1120764
Issue:
  • Faulty Workmanship as an "Occurrence"
  • Petition for Re-hearing
State:
  • Alabama

In a recent decision, the Alabama Supreme Court left the ranks of the outlier courts, holding that faulty workmanship can be a covered “occurrence” under Commercial General Liability insurance policies. The insurer has filed a petition for re-hearing, which UP opposes. Read a recent decision…
State Farm Fire and Casualty Company vs. Shawn Brechbill
Year: 2013
Court: Alabama Supreme Court
Case Number: CV-2010-900034
Issue:
  • Bad Faith
State:
  • Alabama

UP weighed in as a friend of the court to ask that the Brechbill opinion be corrected to accurately state the law in the State of Alabama for the past 30 years with regard to insurer breach of contract and bad faith. Under AL law,…