New York
Century Indemnity Co. V. Brooklyn Union Gas Co.
Year: 2025
Court: New York Supreme Court Appellate Division First Department
Case Number: 2024-00848
Issue:
  • Contra Proferentem
State:
  • New York

In its amicus brief, United Policyholders weighs in on one of the bedrock principles of insurance law, the doctrine of contra proferentem. Under the doctrine, ambiguous terms in insurance contracts are construed against the insurer. And the rationale is straightforward. Insurance companies write the policies…
Wellpath Holdings, Inc. v. XL Insurance Company, et al
Year: 2022
Court: New York Appellate Division Second Department
Case Number: 2021-08206
Issue:
  • COVID-19
State:
  • New York

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…
Consolidated Restaurant Operations, Inc. v. Westport Ins. Corp.
Year: 2021
Court: New York Appellate Division First Department
Case Number: 2021-02971 & 2021-04034
Issue:
  • COVID-19
State:
  • New York

In the New York Appellate Division, First Department, United Policyholders submitted an amicus brief supporting coverage for an insured’s business interruption losses related to the SARS-CoV-2 virus and COVID-19. UP’s brief argues that decades of case law demonstrate what the insurance industry and policyholders have…
Sportime Clubs, LLC v. American Home Assurance Company
Year: 2021
Court: New York Supreme Court Appellate Division Second Judicial Department
Case Number: 2021-05000
Issue:
  • COVID-19
State:
  • New York

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 York and across the country showing that the standard insuring…
American Home Assurance Company vs. International Insurance Company & National Casualty Company
Year: 1996
Court: New York State Court of Appeals
Case Number: 12679/91, 20741/90
Issue:
  • Late notice
State:
  • New York
American Names Association Inc. vs. New York State Department of Insurance
Year: 2001
Court: Supreme Court of the State of New York
Case Number:
Issue:
  • Foreign Insurer
State:
  • New York

The need for a foreign insurer (Lloyds) to be licensed in New York State.
A-One Oil Company vs. The Massachusetts Bay Insurance Company
Year: 1997
Court: New York State Court of Appeals
Case Number: 95-4397
Issue:
  • Pollution Exclusion and Coverages
State:
  • New York

Insurance company should not be able to avoid its duty to defend and indemnify based on a pollution exclusion when damage sustained was result of replacement of an old heater in a private residence. Exclusion, as applied does not meet reasonable expectations of insured.
Belt Painting v. TIG Insurance Company
Year: 2002
Court: New York State Court of Appeals
Case Number: 18328/00
Issue:
  • Pollution Exclusion and Coverages
State:
  • New York

New York State law should limit the application of ISO’s standard-form pollution exclusions to industrial pollution of the environment and it should not be applied to avoid liability for routine premise/operations claims.
Bi-Economy Market, Inc. vs. Harleysville Insurance Company of New York
Year: 2006
Court: New York State Court of Appeals
Case Number: Monroe County Index. No. 2004-11840, Appellate Division Index Case No. CA 06-00847
Issue:
  • Breach of Contract
  • Consequential Damages
State:
  • New York

The policyholder sought consequential damages for the loss of its business as a result of the insurance company’s refusal to make timely payment . The trial court refused to award consequential damages. United Policyholders argued that such damages are routinely awarded in breach of contract…
Consolidated Edison Company vs. Allstate Insurance Company
Year: 2000
Court: New York State Court of Appeals
Case Number: Motion No. 956/01
Issue:
  • Recoverable damages
State:
  • New York

Insurance companies must pay the entire sum of any liability caused by an accident or occurrence so long as the accident or occurrence causes bodily injury or property damage within the policy period. Insurers cannot escape liability by attempting to limit their obligation to property…
Dipasquale vs. Security Mutual Life Insurance Company
Year: 2000
Court: New York State Supreme Court
Case Number: No. 601780/98
Issue:
  • Financial incentives to deny
State:
  • New York

Policyholders are entitled to know when an insurance company provides financial incentives to deny claims and to know when their confidential information is provided to Third Party Administrators.
Duane Reade, Inc. vs. St. Paul Fire & Marine
Year: 2004
Court: U.S. Court of Appeals, 2nd Circuit
Case Number: 03-9064
Issue:
  • World Trade Center; "Period of restoration"
State:
  • New York

Duane Reed, a chain store of sundries and prescription drugs lost its location at the World Trade Center after 9/11. UP urged the court to consider the original location of a policyholder’s operations as critical to determining coverage for the “period of restoration.”
DiPasquale, Christopher v. Security Mutual Life Insurance Co. of NY
Year: 2000
Court: New York State Supreme Court
Case Number: 122062/02,
Issue:
  • SLAPP suits
State:
  • New York

Claims handling philosophy; bad faith; continuing duty of good faith; SLAPP suits; fiduciary; reverse bad faith. (See also case number 601780-98)
Griffith Oil Company, Inc. vs. National Union Fire Insurance Company of Pittsburgh
Year: 2008
Court: New York State Supreme Court, Appellate Division, Department 4
Case Number: Appellate Division Docket Nos. CA 08-00930 and CA 08-026565
Issue:
  • Products Completed Operations Hazard
State:
  • New York

UP urges the Court to reverse the lower court’s ruling that a Products Completed Operations Hazard provision includes a restrictive condition that the policyholder physically possesses its product prior to the occurrence. The plain language of the insurance policy, and the fundamental purpose behind the…
Gulf Insurance Company v. Transatlantic Reinsurance, et al.
Year: 2003
Court:
Case Number: New York Supreme Court, Appelate Division, First Department
Issue:
  • Exclusions
State:
  • New York

The purpose of UP’s brief was to educate the court on a wide range of insurance policy exclusions that are creating claims disputes.
Harris, Louise vs. First Unum Life Insurance Company
Year: 2004
Court: U.S. Court of Appeals, 2nd Circuit
Case Number: 05-4265
Issue:
  • Public service nature of insurance; insurance principles
State:
  • New York

UNUM denied claim; tutorial—public service nature of insurance; insurance principles.
Henner, Michael and Elizabeth, vs. Gemini Insurance Co. et al
Year: 2010
Court: New York Supreme Court, Appellate Division, 4th Department
Case Number: CA 09-01832 and CA 01-01833
Issue:
  • Notice-prejudice
State:
  • New York

The issue in this case was whether the lower court erred in dismissing policyholder’s claim for insurance coverage based on untimely notice by failing to consider prejudice to the insurance companies. UP argued that the notice-prejudice rule protects insurance consumers from untimely forfeiture. UP also…
Jamaica Hospital Medical Center, Inc. et al, vs. United Health Group, Inc. et al.
Year: 2006
Court: U.S. District Court, New York Eastern District
Case Number: Civil Case No. 07-0506 (SJ)
Issue:
  • Arbitration
State:
  • New York

Request to Intervene. It is unfortunate and unfair that mandatory arbitration is growing rapidly as a requirement for patients to receive necessary medical services. This Court should refuse to compel arbitration and allow the instant case to move forward to trial.