Massachusetts
President and Fellows of Harvard College v. Zurich American Insurance Company
Year: 2023
Court: United States Court of Appeals for the First Circuit
Case Number: 22-1983
Issue:
  • Late notice
State:
  • Massachusetts

In its amicus curiae brief, United Policyholders weighs in on the issue of late notice under claims made insurance policies. In order to protect policyholders against the threat of losing coverage on account of minor breaches of the technical notice requirements, courts around the country…
Ken’s Foods, Inc. v. Steadfast Insurance Company
Year: 2022
Court: Massachusetts Supreme Judicial Court
Case Number: SJC-13303
Issue:
  • Loss Mitigation
State:
  • Massachusetts

In its amicus curiae brief, United Policyholders weighs in on the important issue of whether an insurance company is required to compensate its insured for the costs of preventing an imminent covered loss.
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…
Lionbridge Technologies, LLC v. Valley Forge Insurance Co.
Year: 2021
Court: United States Court of Appeals for the First Circuit
Case Number: 21-1698
Issue:
  • Attorney Client Privilege
  • Common Interest Doctrine
  • Duty to Defend
State:
  • Massachusetts

In its amicus curiae brief, UP weighs in on the issues of an insurer’s duty to defend and the ability of an insurance company to obtain the privileged information of its insured under the guise of the common interest doctrine. UP argues that when an…
The Masonic Temple Association of Quincy v. Acadia Ins. Co.
Year: 2021
Court: Massachusetts Supreme Judicial Court
Case Number: SJC-13109
Issue:
  • Policy Interpretation
State:
  • Massachusetts

In its brief, UP explores the issue of whether the named insured in a general liability insurance policy includes a “doing business as” designation, whether policy coverage is limited to liabilities arising out of the “doing business as” entity’s business or whether it applies to the…
Legal Sea Foods, LLC. v. Strathmore Ins. Co.
Year: 2021
Court: United States Circuit if Appeals fir the First Circuit
Case Number: 21-1202
Issue:
  • COVID-19
State:
  • Massachusetts

In its brief, UP weighs in on a COVID-19 matter for Legal Sea Foods whose business interruption policy did not include a virus exclusion. UP argues that the lower court in this case erred when it states the COVID-19 virus does not impact the structural…
Banerji, Julian vs. John Hancock Life Insurance and Unum Provident
Year: 2003
Court: Massachusetts Supreme Court
Case Number:
Issue:
  • Exclusions
State:
  • Massachusetts
AllAmerica Financial Corporation, SMA Financial Corporation, et al. vs. Certain Underwriters at Lloyd’s London
Year: 2006
Court: Massachusetts Supreme Judicial Court
Case Number: SJC-09834
Issue:
  • Excess Insurance
State:
  • Massachusetts

The Court requested submission of an amicus curiae brief on the issue of “whether an excess insurer, having provided a follow-form excess insurance policy, is bound by the primary insurer’s determination of the primary policy’s applicability in the settlement of a class action suit that…
Boston Gas vs. Certain Underwriters at Lloyds, London, et. al.
Year: 2006
Court: U.S. Court of Appeals, 1st Circuit
Case Number: 07-1452
Issue:
  • Allocation and Contribution
State:
  • Massachusetts

Coverage for continuous injury when multiple policies cover the loss. The Court should adopt the position that joint and several liability should be imposed against insurance companies for damages arising from an ongoing injury. The only way the policyholder can enjoy the security it purchased…
Clark Equipment Company. vs. Massachusetts Insurers Insolvency Fund
Year: 1994
Court: Massachusetts Supreme Judicial Court
Case Number: Appeals Court Case No. 95-P-715
Issue:
  • Claims submitted to an insolvency fund
State:
  • Massachusetts
Denmark vs. Liberty Life Assurance Company of Boston
Year: 2005
Court: Massachusetts District Court
Case Number: 05-2877
Issue:
  • ERISA
  • Objective evidence of disability
State:
  • Massachusetts

Anti-consumer and anti-policyholder affects of denying coverage in disability cases involving both a disease that is difficult to document objectively and an overwhelming amount of medical evidence that favors a finding of complete disability. Long term care insurance companies are sometimes permitted too much discretion…
Foreign Car Center vs. Travelers Indemnity
Year: 1997
Court: United States District Court, Massachusetts
Case Number:
Issue:
  • Pollution Exclusion and Coverages
State:
  • Massachusetts

Drafting history; polluter’s exclusions; expected or intended
Salem Suede, Inc. vs Zion Realty Corporation
Year: 1997
Court: U.S. Bankruptcy Court, Massachusetts
Case Number: No. 96-13184-JNF, 96-14692-JN
Issue:
  • Insurer's statutory liabilities to third parties
State:
  • Massachusetts

Insurance companies which have allegedly violated their independent duty of good faith and fair dealing to innocent injured third party claimants cannot be allowed to misuse the bankruptcy process to escape potential statutory liability to third parties.
Western Alliance Insurance Company vs. Gill, Jarnail Singh
Year: 1996
Court: Massachusetts Supreme Judicial Court
Case Number: SJC-07506
Issue:
  • Pollution Exclusion and Coverages
State:
  • Massachusetts
Auto Flat Car Crushers, Inc. v. Hanover Ins. Co.
Year: 2014
Court: Supreme Judicial Court of Massachusetts
Case Number: 11477
Issue:
  • Duty to Defend
State:
  • Massachusetts

When an insured files suit against an insurer for unfair or deceptive practices (under Massachusetts’ Unfair Claims Settlement Practices Act) and the insurer answers and tenders unilateral payments, the insured may still maintain a cause of action for multiple damages. UP argued in its brief…
Mount Vernon Fire Ins. Co. v. VisionAid, Inc.
Year: 2016
Court: Massachusetts Supreme Judicial Court
Case Number: SJC-12142
Issue:
  • Duty to Defend
State:
  • Massachusetts

Under Massachusetts law, an insurance company’s duty to defend is broad and encompasses the prosecution of a policyholder’s counterclaims. UP reminded the court that the rule in Massachusetts is “in for one, in for all.” By including counterclaims that are “inextricably intertwined” which the litigation…
Jane Doe v. Harvard Pilgrim Health Care Inc. and the Harvard Pilgrim PPO Plan MA Group Policy # 0588660000
Year: 2018
Court: U.S. Court of Appeals for the First Circuit
Case Number: 17-2078
Issue:
  • ERISA
State:
  • Massachusetts

This amicus brief addresses the ERISA fiduciary’s duty under the ERISA statute and Secretary of Labor regulations to afford full and fair review when a fiduciary denies a benefit claim This duty requires a fiduciary to help secure “readily available material evidence of which it…