California Archives - United Policyholders

California

Gharibian v. Wawanesa General Insurance Company Name

Court: California Supreme Court

Case Number: S289700

Physical Loss or Damage

California

United Policyholders in partnership with the Consumer Federation of America submitted a request for depublication letter to the California Supreme Court. This issue regarded a California Court of Appeal decision that misconstrued well-established law when it held that a homeowner’s property insurance policy does not…

Fox Paine & Co v. Twin City Fire Insurance Co.

Court: California Supreme Court

Case Number: S287404

Excess Insurance

California

United Policyholders submitted two letters to the California Supreme Court (first a request for depublication on November 4, 2024 and then subsequently a letter in support of petition for review on December 9) regarding the issue of whether a policyholder who faces a large liability…

Myasnyankin v. Nationwide Mutual Insurance Company

Court: California Court of Appeal, First Appellate District, Division Two

Case Number: A166946

Claims Handling

California

United Policyholders’ amicus brief addresses the issue of an insured’s right to video record an insurer’s participants in an examination under oath (“EUO”)proceeding. United Policyholders takes the position that Insurance Code section 2071.1, which provides the insured with the right to “record the examination proceedings…

Starlight Cinemas, Inc. v. Massachusetts Bay Insurance Co.

Court: Court of Appeal of the State of California Second Appellate District, Division Seven

Case Number: B313518

COVID-19

California

Letter requesting depublication.

Mark Bennett, D.D.S. v. Ohio National Life Assurance Corporation

Court: Court of Appeal of the State of California First Appellate District, Division III

Case Number: A166049

Statute of Limitations

California

In its amicus curiae brief, United Policyholders supports an insured doctor in the context of disability insurance. Lifetime benefit cases are an increasingly important issue given that individuals who purchased such policies in the mid to late 90s are now often reaching age 65. In…

John’s Grill, Inc., et al. v. The Hartford Financial Services Group, Inc., et al.

Court: California Supreme Court; Court of Appeal of the State of California First Appellate District, Division IV

Case Number: S278481; A162709

COVID-19

California

United Policyholders supports an insured seeking coverage for COVID-19 related losses. In its amicus brief before the California Supreme Court, United Policyholders addresses the issue of illusory coverage in the context of an insurance policy that contains a “Limited Fungi, Bacteria or Virus Coverage” endorsement.…

Truck Insurance Exchange v. Kaiser Cement and Gypsum Corp. et al.

Court: California Supreme Court

Case Number: No. S273179

Allocation

California

United Policyholder’s amicus brief discusses important issues of equitable contribution and allocation between primary and excess insurers, including explaining how one proposed equitable contribution scheme would impact policyholder rights and the future availability of funds in the context of asbestos-related liabilities.

California Fair Plan Association v. Ricardo Lara

Court: Court of Appeal of the State of California Second Appellate District, Division III

Case Number: B316058

Regulatory Authority

California

In its amicus curiae brief, United Policyholders supports the California Department of Insurance’s orders requiring the California Fair Plan to provide enhanced coverages, including liability insurance, as part of a basic homeowners insurance policy.

ConAgra Grocery Products Company, et al. v. Certain Underwriters at Lloyd’s, London, et al.

Court: California Supreme Court

Case Number: A160548

Accident/Occurrence & Intentional Acts

California

Letter supporting review.

United Talent Agency v. Vigilant Insurance Co.

Court: California Supreme Court

Case Number: B314242

COVID-19

California

Letter requesting depublication.

Another Planet Entertainment, LLC v. Vigilant Insurance Co.

Court: California Supreme Court

Case Number: S277893

COVID-19

California

Letter supporting request for certification

Anchors and Whales, et al. v. Crusader Insurance Company

Court: Court of Appeal of the State of California First Appellate District, Division II

Case Number: A164412

COVID-19

California

In its amicus curiae brief, United Policyholders 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 and on-point California state appellate court authority demonstrate what the insurance industry and policyholders have long…

AIU Insurance Company, et al v. McKesson Corporation, et al

Court: United States Court of Appeals for the Ninth Circuit

Case Number: 22-16158

Opioid Epidemic & Intentional Acts

California

In its amicus brief, United Policyholders addresses the important question of whether insurance coverage is available for liabilities arising out of a company’s day-to-day business. United Policyholders’ brief provides an overview of the history and purpose of insurance — going back hundreds of years to…

Yahoo Inc. v. National Union Fire Insurance Company of Pittsburgh, PA

Court: California Supreme Court

Case Number: S253593

Contract Interpretation - Ambiguity

California

In its 2019 amicus curiae brief, United Policyholders weighs in on important issues of insurance policy contract interpretation in California. United Policyholder’s brief draws the Court’s attention to the importance and purpose of standard liability coverage language used in countless insurance policies throughout the state…

Best Rest Motel Inc. D/B/A Holiday Inn Express Old Town v. Sequoia Insurance Company

Court: Court of Appeal of the State of California Fourth Appellate District, Division I

Case Number: D079927

COVID-19

California

In its amicus curiae brief, United Policyholders 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 and on-point California state appellate court authority demonstrate what the insurance industry and policyholders have long…

Coast Restaurant Group v. AmGUARD Insurance Company

Court: Court of Appeal of the State of California Fourth Appellate District, Division III

Case Number: G061040

COVID-19

California

In its amicus curiae brief, United Policyholders weighs in regarding business interruption losses related to the COVID-19 virus. UP’s brief argues that decades of case law and on-point California state appellate court authority demonstrate what the insurance industry and policyholders have long known: that policies…

Saddle Ranch Sunset, LLC et al. v. Fireman’s Fund Insurance Company, et al.

Court: Court of Appeal of the State of California Second Appellate District, Division V

Case Number: B313609

COVID-19

California

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 and on-point California state appellate court authority demonstrate what the insurance industry and policyholders have long known:…

Shusha Inc., DBA La Cava v. Century-National Insurance Company

Court: Court of Appeal of the State of California Second Appellate District, Division VII

Case Number: B313907

COVID-19

California

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 policies that provide coverage for “direct…