Michigan
Kirsch v. Aspen American Ins. Co.
Year: 2021
Court: United States Court of Appeals for the Sixth Circuit
Case Number: 21-1038
Issue:
  • COVID-19
State:
  • Michigan

In its brief, UP address the issue of physical loss of or damage to the property of Dr. Kirsch’s dental practice during the COVID-19 pandemic. This case presents a basic lesson in textualism. Aspen promised to insure business income if Dr. Kirsch suffered “physical loss of…
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…
Advance Watch Company, Ltd. vs. Kemper National Insurance Company
Year: 1996
Court: U.S. Court of Appeals, 6th Circuit
Case Number: No. 95-1367/1387
Issue:
  • Advertising Injury
  • Trademark Infringement
State:
  • Michigan

Trademark infringement claims should be covered under standard form advertising injury policy.
Cello-Foil Products, Inc. vs. Michigan Mutual Liability Company
Year: 1996
Court: Michigan Supreme Court
Case Number: 104107, 105981, 106678
Issue:
  • First manifest-environmental damage
State:
  • Michigan

In a policy involving environmental damage which actually took place over many years and spanning multiple insurance policy periods, coverage should not be limited only to insurance policies in effect at the time the property damage is discovered or “first manifests.”
Farmington Casualty Company vs. Cyberlogic Technologies, Inc
Year: 1998
Court: U.S. Court of Appeals, 6th Circuit
Case Number: 98-1611
Issue:
  • Meaning of “arising out of” in an advertising injury claim
State:
  • Michigan
Demolition Contractors, Inc. d/b/a Pitsch Wrecking Co. vs. Westchester Surplus Lines Insurance Company
Year: 2008
Court: U.S. Court of Appeals, 6th Circuit
Case Number: 09-1582
Issue:
  • Voluntary payments as bar to coverage; Effect of "no action" clause
State:
  • Michigan

Do “voluntary payment” and “no action” terms bar payment by insurance company. Courts in Michigan and throughout the United States have held that, with regard to coverage, it makes no difference whether a policyholder voluntarily cleans up the contamination for which it is responsible before…
Estate of Rochow v. Life Insurance Co. of North America
Year: 2014
Court: U.S. Court of Appeals, 6th Circuit
Case Number: 12-2074
Issue:
  • Disgorgement of Profits
  • ERISA
State:
  • Michigan

Where an insurer has wrongfully delayed or denied a covered claim, extra-contractual remedies are necessary to punish the conduct at issue and deter similar conduct in the future. UP argued in its brief that disgorgment of profits is an appropriate remedy for bad faith denial…