Ohio
EMOI Services Inc. v. Owners Insurance Co.
Year: 2022
Court: Supreme Court of Ohio
Case Number: 2021-1529
Issue:
  • Cybercrime Coverage
State:
  • Ohio

In its amicus curiae brief, United Policyholders weighs in on the issue of whether a business property insurance policy provides insurance coverage for a ransomware attack.
The Cincinnati Insurance Company v. Discount Drug Mart, Inc.
Year: 2022
Court: Supreme Court of Ohio
Case Number: 2022-0318
Issue:
  • Opioid Epidemic
State:
  • Ohio

In its amicus curiae brief, United Policyholders addresses important issues relating to insurance coverage for opioid epidemic related losses. Substantively, United Policyholders’s brief demonstrates that under well-settled principles of insurance law, lawsuits brought by government entities seeking to recover for the costs of providing medical…
Neuro-Communication Services, Inc. v. The Cincinnati Insurance Co. et. al.
Year: 2021
Court: The Supreme Court of Ohio
Case Number: 2021-0130
Issue:
  • COVID-19
State:
  • Ohio

In its brief, UP tackles the issue of COVID-19 in support of Neuro-Communication Services, Inc. UP argues that businesses that were habitable and safe for their ordinary and intended use one day now have become unsafe for their ordinary and intended use due to the infiltration of COVID-19…
Dakota Girls, LLC et.al., v. Philadelphia Indemnity Ins. Co.
Year: 2021
Court: United States Court of Appeals for the Sixth Circuit
Case Number: 21-3245
Issue:
  • COVID-19
State:
  • Ohio

In its brief, UP tackle a COVID-19 business interruption claim on behalf of Dakota Girls. Philadelphia IIC promised to insure business income if Dakota Girls suffered “physical loss of or damage to” its property. We argue that the disjunctive “or” shows that there are two bases for coverage:…
Santo’s Italian Cafe v. Acuity
Year: 2021
Court: United States Court of Appeals for the Sixth Circuit
Case Number: 21-3068
Issue:
  • COVID-19
State:
  • Ohio

In its brief, UP combats Acuity’s argument that in order to trigger coverage, there must be a “tangible alteration” of the business. UP does not share that view and urges the court to broaden the meaning of physical loss to include damage that renders property…
Acuity v. Masters Pharmaceutical, Inc.
Year: 2021
Court: Supreme Court of Ohio
Case Number: 2020-1134
Issue:
  • Opioid Epidemic
State:
  • Ohio

In its brief, UP is concerned with the insurance industry’s recent efforts to reshape insurance coverage law in Ohio and elsewhere as it applies to commercial general liability (“CGL”) policies and government suits against policyholders. With increasing frequency governments have sought damages against policyholders in…
Garrett Well, LLC. v. The Frick-Gallagher Manufacturing Co. et. al.
Year: 2021
Court: Supreme Court of Ohio
Case Number: 2021-0249
Issue:
  • Policy Interpretation
State:
  • Ohio

In its brief, UP urged the court against departing from the majority rule recognized across the country: that standard historical general liability insurance policy forms insure policyholders against liabilities involving groundwater and damage to other third-party property. In this case, the Court of Appeals applied…
Neuro-Communication Services, Inc. v. The Cincinnati Ins. Co.
Year: 2021
Court: The Supreme Court of Ohio
Case Number: 20CV01275
Issue:
  • COVID-19
State:
  • Ohio

In its brief, UP urges the court to exercise its discretion and decline to answer a question that was certified by the United States District Court, Northern District of Ohio. The question, UP argues, addresses well settled principles of contract and insurance law that are…
Motorists Mutual Insurance Company v. Ironics, Inc. and Owens-Brockway Glass Container, Inc.
Year: 2020
Court: Supreme Court of Ohio
Case Number: 2020-0306
Issue:
  • incorporation doctrine
  • Policy Interpretation
State:
  • Ohio

In its brief, UP argues that the CGL and Umbrella Policy sold to Ironics requires Motorists Insurance Company to defend and indemnify Ironics against a claim of providing nonconforming tube scale (which upon incorporation into another party’s glass bottles, rendered them unsafe and unusable). The…
Goodyear Tire and Rubber Company vs. Aetna Casualty & Surety Company
Year: 2001
Court: Ohio Supreme Court
Case Number: 00-1984
Issue:
  • Insureds not required to allocate damages
State:
  • Ohio

Court adopted UP’s argument that insurance companies cannot require that insureds allocate damage among various policies.
Glidden Company vs. Lumbermans Mutual Casualty Company, et al.
Year: 2003
Court: Ohio Court of Appeals, 8th District
Case Number: 81782
Issue:
  • Coverage
State:
  • Ohio

This case addresses the availability of insurance coverage to corporate policyholders after corporate transactions. The insurance companies had argued that certain corporate transactions eliminate insurance coverage. The Ohio Court of Appeals disagreed in a significant opinion. They held that the insured was entitled to benefits…
Gencorp Inc. vs. AIU Insurance Co.
Year: 2003
Court: U.S. Court of Appeals, 6th Circuit
Case Number: 04-3244
Issue:
  • Environmental cleanup
State:
  • Ohio

Coverage for environmental cleanup should be consistent with insured’s reasonable expectations of coverage
Pilkington North America vs. Travelers Casualty and Surety Company, et al.
Year: 2004
Court: Ohio Supreme Court
Case Number: 2005-0378
Issue:
  • Liability insurance follows liability by operation of law
State:
  • Ohio

Relying on the majority rule, UP supported the argument that a corporate policyholder is entitled to a defense and indemnity for pre-acquisition liabilities because liability insurance coverage follows the alleged liability by operation of law. The majority of courts have held that anti-assignment clauses do…
Pennsylvania General Insurance Co. vs. Park-Ohio Industries, Inc.
Year: 2008
Court: Ohio Supreme Court
Case Number: 2009-0104
Issue:
  • Multiple Policies
State:
  • Ohio

UP joined with the Ohio Manufacturers Association (OMA), a statewide association that employs the majority of the 610,000 men and women that work in manufacturing in the state of Ohio. Together UP and OMA presented the policyholder’s perspective that when a claim triggers multiple policies,…
The Lincoln Electric Company v. Travelers Casualty and Surety Company, et al.,
Year: 2013
Court: Ohio Supreme Court
Case Number: 2013-1088
Issue:
  • All Sums
  • Pro Rata Approach
State:
  • Ohio

This case affords the Ohio Supreme Court the opportunity to reaffirm that an insured can employ an all sums approach to aggregate unreimbursed losses when they have accrued indemnity and defense costs arising from progressive injuries and have settled the resultant claims against primary insurers…
Russell v. Catholic Healthcare, UNUM et al.
Year: 2014
Court: U.S, Court of Appeals, 6th Circuit
Case Number: 13-4084
Issue:
  • ERISA
  • Statute of Limitations
State:
  • Ohio

ERISA plan administrators must include a time limit for judicial review (i.e., a statute of limitations to file suit) in a letter denying disability benefits. In the absence of such a notification, contractual limitations cannot be enforced against the participant, as required by federal regulations.…
World Harvest Church v. Grange Mutual
Year: 2015
Court: Ohio Supreme Court
Case Number: 14-1161
Issue:
State:
  • Ohio

When a policyholder purchases a separate endoresment providing insurance coverage for intentional torts of employees, insurers may not disclaim coverage by using vicarious liability as a shield. Further, when an insurer has a duty to defend, it becomes liable for all damages awarded against the…
Cranfield v. State Farm Fire & Casualty Company
Year: 2019
Court: United States Court of Appeals for the Sixth Circuit
Case Number: 19-3004
Issue:
  • Labor Depreciation
State:
  • Ohio

In its brief, UP argues that labor should not be depreciated in determining actual cash value. The conclusion that labor should not be depreciated does not change regardless of the method of calculating actual cash value (replacement cost minus depreciation or broad evidence rule). UP…