Indiana
Starr Indemnity & Liability Insurance Co., v. American Commercial Barge Line, LLC
Year: 2025
Court: Indiana Court of Appeals
Case Number: 25A-PL-01073
Issue:
  • Choice of Law
  • Maritime
State:
  • Indiana

In its amicus brief, United Policyholders argues against the application of federal admiralty law relating to insurance claims of a nonmarine nature. Insurance policies that provide broad-based and nonmarine coverages that are clearly distinct and separate from other covered maritime risks as a general rule…
Aegean LLC v. Taggart Ins. Center Inc.
Year: 2025
Court: Indiana Supreme Court
Case Number: 24A-PL-02270
Issue:
  • Agent Duty
State:
  • Indiana

In its amicus brief, United Policyholders seeks to assist the Court on an issue of immense public importance: identifying an insurance broker’s duty to its clients, specifically, an insurance broker’s duty to advise its clients. Likewise, United Policymakers seeks to assist the Court in addressing…
NIBCO vs. Starr Indemnity and Liability Co., et al
Year: 2024
Court: Indiana Supreme Court
Case Number:
Issue:
  • Good Faith and Fair Dealing
State:
  • Indiana

United Policyholders submitted an amicus brief on behalf of an insured who lost out on the possibility of coverage due to an inadvertent error and technicality. Importantly, the insurance company was aware of the error but declined to bring it to the attention of the…
Harsco Corporation v. Scottsdale Insurance Company
Year: 2023
Court: Indiana Supreme Court
Case Number: 21A-PL-02483
Issue:
  • Contract Interpretation - Ambiguity
State:
  • Indiana

In its amicus curiae brief, United Policyholders advocates explicitly overturning Indiana’s overbroad “neutral stance” rule formulated in the case Indiana Lumbermens Mutual Insurance Company v. Statesman Insurance Company, which declines to extend the benefit of the longstanding contra proferentem rule to parties who have not directly paid insurance…
Stant USA Corporation et al v. Factory Mutual Insurance Company
Year: 2022
Court: United States Court of Appeals for the Seventh Circuit
Case Number: 22-1336
Issue:
  • COVID-19
State:
  • Indiana

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…
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…
Indiana Repertory Theatre v. The Cincinnati Casualty Co.
Year: 2022
Court: Indiana Court of Appeals and Indiana Supreme Court
Case Number: 21A-PL-00628 and 21A-CP-02848
Issue:
  • COVID-19
State:
  • Indiana

In its three amicus curiae briefs, UP supports coverage for an insured’s business interruption losses related to the SARS-CoV-2 virus and COVID-19. Among other things, UP analyzes the relevance of an absence of a virus exclusion in the policies at issue and argues that decades of case…
National Collegiate Athletic Association (NCAA) v. Ace American Insurance Co.
Year: 2020
Court: Indiana Supreme Court
Case Number: 19A-PL-01313
Issue:
  • Policy Interpretation
State:
  • Indiana

In its brief, UP argues that the Court of Appeals Opinion incorrectly adopts a broad interpretation of exclusionary insurance policy language that threatens to substantially limit or eliminate years of coverage for Indiana policyholders under claims-made insurance policies. Such policies cover claims made during year(s)…
Dana Corp. vs. Hartford Accident and Indemnity Co., et al.
Year: 1996
Court: Indiana Court of Appeals
Case Number: 17171-6-II
Issue:
  • Coverage
State:
  • Indiana
Cincinnati Insurance Company, Inc. vs. Wills, David J. And Marcia
Year: 1997
Court: Indiana Supreme Court
Case Number: 795-00-9808 CV 458
Issue:
  • Conflict of Interest
State:
  • Indiana

Insurers should not be allowed to use in-house employee-attorneys to defend policyholder clients because the inherent conflict of interest robs the policyholder of the right to a vigorous, independent and zealous defense.
Travelers Casualty and Surety Company v. United States Filter Corporation
Year: 2005
Court: Indiana Court of Appeals
Case Number: 49A02-064-CV-00289
Issue:
  • Successor Insurers
State:
  • Indiana

This case involves occurrence-based insurance policies that the various insurance company defendants (collectively, the “Insurers”) sold to U.S. Filter’s predecessor, which require that the Insurers defend and indemnify U.S. Filter for losses that occurred prior to U.S. Filter’s succession to the policy.
Commonwealth Land Title Insurance Company vs. Stephen W. Robertson, Insurance Commissioner of the State of Indiana, on behalf of the Indiana Department of Insurance
Year: 2013
Court: Indiana Court of Appeals
Case Number: 49A04-1302-PL-00084
Issue:
  • Title Insurance
State:
  • Indiana

Title insurance rates (and profits) continue to rise despite the fact that expenses have dropped considerably due to automation and the ease of internet-based records searches. UP weighed in on this case in support of title insurance policyholders and the Indiana Department of Insurance’s efforts…
Seber v. General Fire and Cas. Co. et al
Year: 2014
Court: Indiana Supreme Court
Case Number: Appeal from 53A01-1405-PL-00208
Issue:
  • Ambiguity and Omission
  • Replacement Cost Value
State:
  • Indiana

Policyholders pay higher premiums for replacement cost value policies in order to recoup additional insurance proceeds necessary to rebuild or purchase substitute property. Insurers should be prohibited from attempting to pay only actual cash value (i.e., depreciated value) based on semantic discussions of undefined or…
Wellpoint Inc., Anthem Ins. Co v. Nat. Union. Fire Ins. Co.
Year: 2014
Court: Indiana Supreme Court
Case Number: 49A05-1202-PL-92
Issue:
  • Errors and Omissions
State:
  • Indiana

This case arises from a class-action lawsuit alleging that the insurer unlawfully conspired to systematically delay, deny, and diminish payments to doctors under a health plan. The insuring agreement in the policy at issue provided coverage for “errors and omissions” (E&O) arising out of “professional…
Thomson, Inc. et al. v. XL Insurance, Inc. et al.
Year: 2014
Court: Indiana Supreme Court
Case Number: 49A05-1109-PL-470
Issue:
  • Allocation
  • Contract Interpretation
State:
  • Indiana

On appeal from a decision in error by the Indiana Court of Appeal, UP argued in its brief that the presumptive rule in determining the scope of coverage under a Commercial General Liability Policy (“CGL”) should be “all-sums” or joint and several liability. For “long-tail”…
Emmis Communications Corporation v. Illinios National Insurance Company
Year: 2019
Court: United States Court of Appeals for the Seventh Circuit
Case Number: 18-3392
Issue:
  • Claim Reporting
State:
  • Indiana

In its brief, UP argues against the panel’s decision that would force insurance agents, reporting under a D&O policy at an early stage of litigation, to judge whether a claim is “related” to an earlier claim and select among potentially triggered policies the one policy…
G&G Oil Co. of Indiana v. Continental Western Insurance Co.
Year: 2020
Court: Indiana Supreme Court
Case Number: 19A-PL-1498
Issue:
  • Insurance contract interpretation
State:
  • Indiana

G&G Oil employees were locked out of their computers due to a ransomware attack. The hackers demanded payment for the passwords to decrypt G&G Oil’s computers. G&G Oil had a commercial package insurance policy which included commercial crime coverage for “computer fraud” covering the loss…