North Carolina
Radiator Specialty Co. v. Arrowood Indemnity Co.
Year: 2021
Court: North Carolina Supreme Court
Case Number: 20PA21
Issue:
  • All Sums
State:
  • North Carolina

In its amicus curiae brief, UP argues that the terms of the standard commercial general liability insurance policy compels “all sums” allocation. UP brief specifically emphasizes the insurance industry’s extensive drafting history, which confirms that the standard commercial general liability insurance policy, once triggered by…
North State Deli, LLC, et al v. The Cincinnati Insurance Company, et al
Year: 2021
Court: North Carolina Court of Appeals
Case Number: COA 21-293
Issue:
  • COVID-19
State:
  • North Carolina

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…
Summit Hospitality Group, LTD. v. The Cincinnati Ins. Co.
Year: 2021
Court: United States Court of Appeals Fourth Circuit
Case Number: 21-1362
Issue:
  • COVID-19
State:
  • North Carolina

In its brief, UP explores the district court ruling that Summit had not pleaded a claim for relief, holding that Summit did not plausibly allege that access to its property was “specifically denied” due to COVID-19 and the government orders limiting access to the business. Citing no authority,…
Harleysville Mutual Insurance Company vs. Buzz Off Insect Shield
Year: 2008
Court: North Carolina Supreme Court
Case Number: 272A08
Issue:
  • Advertising Injury
  • Duty to Defend
State:
  • North Carolina

The policyholder’s ultimate liability has no bearing on the determination of whether an insurance company must defend the policyholder against a suit for “personal injury advertising injury.” Whether an insurance company has a duty to defend depends solely on the allegations contained in the underlying…
Radiator Specialty Company v. Fireman’s Fund Insurance Co.
Year: 2016
Court: North Carolina Court of Appeals
Case Number: 16-638
Issue:
  • Allocation and Contribution
  • Duty to Defend and Indemnify
State:
  • North Carolina

UP supports the position that the terms of the standard commercial general liability (“CGL”) policy compels “all sums” allocation. UP wrote separately from the parties of the case to bring to the Court’s attention the extensive drafting history of the insurance industry, which confirms that…
Accardi v. Hartford Underwriters Insurance Co.
Year: 2019
Court: Supreme Court of North Carolina
Case Number: 42A19
Issue:
  • Labor Depreciation
State:
  • North Carolina

In its brief, UP argues against the wrongful depreciation of labor. This issue has been litigated throughout the country, and states have been split on the outcome. For the carriers that do depreciate labor, many have filed coverage forms that expressly outline the practice. This…