New Jersey
Tory Burch, LLC v. Zurich American Insurance Company
Year: 2023
Court: Superior Court of New Jersey Appellate Division
Case Number: A-001566-21
Issue:
  • COVID-19
State:
  • New Jersey

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 demonstrate what the insurance industry has long accepted and policyholders have long expected: that the phrase…
Wawa, Inc. v. Starr Surplus Lines Insurance Company, et al.
Year: 2023
Court: Superior Court of New Jersey Appellate Division
Case Number: A-003820-21T4
Issue:
  • COVID-19
State:
  • New Jersey

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 demonstrate what the insurance industry has long accepted and policyholders have long expected: that the phrase…
Merck & Co, Inc. et al v. ACE American Insurance Company, et al
Year: 2022
Court: New Jersey Appellate Division
Case Number: AM-253-21
Issue:
  • Data Breach/Cyber Liability
State:
  • New Jersey

In its amicus curiae brief, UP addresses whether a standard-form “war exclusion” found in many all-risks insurance policies precludes coverage for damages related to cyber-attacks. UP’s brief argues that applying the “war exclusion” to cyber attacks unrelated to conventional warfare does not comport with the industry’s…
Rockleigh Country Club, LLC v. Hartford Insurance Group, et al
Year: 2022
Court: Superior Court of New Jersey Appellate Division
Case Number: A-001826-21
Issue:
  • COVID-19
State:
  • New Jersey

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…
AC Ocean Walk v. American Guarantee and Liability Ins. Co., et al.
Year: 2022
Court: Superior Court of New Jersey Appellate Division
Case Number: A-001824-21
Issue:
  • COVID-19
State:
  • New Jersey

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…
Capri Holding Ltd. v. Zurich American Ins. Co et. al.
Year: 2022
Court: Superior Court of New Jersey Appellate Division
Case Number: A-003551-20
Issue:
  • COVID-19
State:
  • New Jersey

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…
Boulevard Carroll Entertainment Group v. Fireman’s Fund Insurance Company
Year: 2021
Court: United States Court of Appeals for the Third Circuit
Case Number: 21-1061
Issue:
  • COVID-19
State:
  • New Jersey

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’s brief provides the Court with 50 years of history and case law in New Jersey and across the country showing that the standard insuring…
Westfield Area YMCA et.al. v. The North River Insurance Co. et. al.
Year: 2021
Court: Superior Court of New Jersey
Case Number: UNN-L-2584-20
Issue:
  • COVID-19
  • Regulatory Estoppel
State:
  • New Jersey

In its brief, UP petitions  the court to allow its appearance as amicus curiae on behalf of the Westfield Area YMCA. The question presented in this case is whether regulatory estoppel should preclude enforcement of the virus and bacteria exclusions in light of those known…
Mac Property Group, LLC v. Selective Ins. Co.
Year: 2021
Court: New Jersey Appellate Division
Case Number: L-002629-20
Issue:
  • COVID-19
State:
  • New Jersey

In its brief, UP tackles the issue COVID-19 has posed to businesses. The present case is neither theoretical nor without significant consequences to the multitude of New Jersey businesses impacted by the COVID-19 pandemic.  Indeed, this Court’s decision is likely to affect businesses throughout this State…
Carter-Wallace, Inc. vs. Admiral Insurance Company
Year: 1997
Court: New Jersey Supreme Court
Case Number: 44303
Issue:
  • All Sums
State:
  • New Jersey

Trigger of coverage; all sums; estoppel; joint & severe liability
Greenberg & Covitz v. National Union Fire Insurance of Pittsburgh, PA.
Year: 1997
Court: Supreme Court of New Jersey
Case Number:
Issue:
  • Waiver of Defenses
State:
  • New Jersey

Claims handling; waiver of defenses not raised in denial letter
Ketzner vs. John Hancock Mutual Life Insurance Company
Year: 2003
Court: U.S. Court of Appeals, 3rd Circuit
Case Number: 03-4870
Issue:
  • RICO
State:
  • New Jersey

Post complaint bad faith, RICO violations
St. Paul Fire and Marine Insurance Company vs. Brother International Corporation D/B/A Brother Mall
Year: 2006
Court: U.S. Court of Appeals, 3rd Circuit
Case Number: 07-3886
Issue:
State:
  • New Jersey
Diebold, Incorporated v. Continental Casualty Company
Year: 2009
Court: U.S. Court of Appeals, 3rd Circuit
Case Number: 10-3184
Issue:
  • Discovery
State:
  • New Jersey

The discovery provision at issue in this litigation is precisely the type of specific provision intended to avoid ambiguity and, therefore, uncertainty. The trial court lost sight of the provision’s intent and ignored the language in the policy by attributing discovery to something other than…
Building Materials Corporation Of America D/B/A Gaf Materials Corporation Vs. Allstate Insurance Company, Et Al.
Year: 2011
Court: New Jersey Supreme Court
Case Number: 70413
Issue:
  • Burden of Proof
  • CGL
State:
  • New Jersey

In this case, UP sought to provide the court with policyholders’ perspectives on why an Appellate Division holding needs to be reversed. The holding relates to how a policyholder can obtain insurance coverage for the settlement of a mass tort class action which alleges both…
Badiali v. New Jersey Manufacturers Insurance Company
Year: 2012
Court: New Jersey Supreme Court
Case Number: A-4870-09T2
Issue:
  • Bad Faith
State:
  • New Jersey

This case affords the New Jersey Supreme Court an opportunity to review how the New Jersey lower courts have resolved bad faith claims handling since the Supreme Court’s landmark decision in Pickett v. Lloyds, 131 N.J. 457 (1993). UP’s amicus brief argues that the lower…
Cypress Point Condominium Association v. Evanston Insurance Co. et al
Year: 2016
Court: New Jersey Supreme Court
Case Number: A-13/14/15 (076348)
Issue:
  • Occurrence
State:
  • New Jersey

The vast majority of states that have addressed the issue of what is an “occurrence” under a commercial general liability policy have reached the conclusion that construction defect claims are within coverage. Since an “occurrence” is defined as an “accident” courts in many states, including…
Continental Ins. Co. et al v. Honeywell International, Inc
Year: 2017
Court: New Jersey Supreme Court
Case Number: A-1071-13T1, A-1100-13Tl
Issue:
  • Allocation and Contribution
  • Unavailability of Insurance
State:
  • New Jersey

Under the seminal case of Owens-Illinois v. United Ins. Co., the New Jersey Supreme Court held that under the Keane rule, a policyholder’s entire liability can be allocated to a single triggered policy. The policyholder can only assume the portion of the risk for which…