Pennsylvania
Great Lakes Insurance SE v. Raiders Retreat Realty Co., LLC
Year: 2023
Court: U.S. Supreme Court
Case Number: 22-500
Issue:
  • Choice of Law
State:
  • Pennsylvania

In its amicus curiae brief, United Policyholders addresses the question of whether, under federal admiralty law, a choice of law clause in a maritime contract can be rendered unenforceable when enforcement is contrary to the “strong public policy” of the State whose law is displaced.
Robert Mallory v. Norfolk Southern Railway Company
Year: 2022
Court: Supreme Court of the United States
Case Number: 21-1168
Issue:
  • Personal Jurisdiction
State:
  • Pennsylvania

In its amicus curiae brief, United Policyholders provides the Court with important context regarding Pennsylvania Fire, an early 1900s personal jurisdiction case that involved an insurance company defendant. United Policyholders advocates that the Court not explicitly overrule Pennsylvania Fire but rather acknowledge that consent-by-registration statutes…
MacMiles d/b/a Grant Street Tavern v. Erie Insurance Company
Year: 2022
Court: Court of Common Pleas of Allegheny County
Case Number: 1100 WDA 2021
Issue:
  • COVID-19
State:
  • Pennsylvania

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…
Timothy A. Ungarean d/b/a Smile Savers Dentistry et. al. v. CNA et. al.
Year: 2022
Court: Court of Common Pleas of Allegheny County
Case Number: 490 WDA 2021
Issue:
  • COVID-19
State:
  • Pennsylvania

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…
1 S.A.N.T., Inc. v. Berkshire Hathaway, et al.
Year: 2021
Court: United States Court of Appeals for the Third Circuit
Case Number: Nos. 21-1109; 21-1038; 21-1039; 21-1106; 21-1107; 21-1294
Issue:
  • COVID-19
State:
  • Pennsylvania

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 discusses the application of the regulatory estoppel doctrine to COVID-19 related losses. The doctrine of regulatory estoppel prevents insurers from profiting by misleading…
Nostalgic Partners LLC (MiLB) v. Philadephia Indemnity Insurance Co.
Year: 2020
Court: United States District Court for the Eastern District of Pennsylvania
Case Number: 20-cv-03346-ABB
Issue:
  • COVID-19
State:
  • Pennsylvania

In its brief, UP, along with the National Independent Venue Association (NIVA), opposed a Motion to Dismiss a COVID-19 Business Interruption Claim by Philadelphia Indemnity Insurance Co. UP and NIVA discuss the application of a Virus or Bacteria Exclusion and whether insurers misrepresentations that property…
401 Fourth Street Inc. vs. Investors Insurance Group
Year: 2003
Court: Pennsylvania Supreme Court
Case Number: No. 270 MAP 2003
Issue:
  • Coverage
State:
  • Pennsylvania

Since the term “collapse” in the policy is ambiguous and connotes only a substantial impairment of a building’s structural integrity, there must be coverage for “imminent collapse” Court quotes UP’s brief.
ACE American Insurance Company vs. Underwriters at Lloyds and Companies, et al.
Year: 2007
Court: Pennsylvania Supreme Court
Case Number: No. 45 EAP 2008
Issue:
  • Errors and Omissions
State:
  • Pennsylvania

Errors and Omissions, or “E&O” insurance. If an insurance company attempts to avoid its coverage obligations under a claims-made policy due to “late notice,” the insurance company must bear the burden to prove that notice was late, just like under an occurrence policy. Even when…
AstenJohnson Inc. vs. Columbia Casualty Company and Fireman’s Fund Insurance Companies
Year: 2007
Court: U.S. Court of Appeals, 3rd Circuit
Case Number: 07-2305
Issue:
  • Asbestos
State:
  • Pennsylvania

Policyholders should have the right to select the policies under which they seek coverage, without fear of prejudice to any Laches or Course of Performance Argument. Courts should not hamstring a policyholder’s efforts to obtain evidence of custom and usage in the insurance industry, particularly…
Barber, James vs. Unum Life Insurance Company of America
Year: 2003
Court: U.S. Court of Appeals, 3rd Circuit
Case Number: 03-4363
Issue:
  • ERISA
State:
  • Pennsylvania

ERISA should not preempt state insurance laws.
Birth Center vs. St Paul Companies, Inc
Year: 1999
Court: Pennsylvania Supreme Court, Middle District
Case Number: Nos. 25, 26, 27 & 28 M.D. Appeal Dkts. 2000
Issue:
  • Refusal to Settle
State:
  • Pennsylvania

Payment of an excess verdict does not extinguish the insurer’s bad faith refusal to settle under Pennsylvania law.
Consulting Engineers, Incorporated vs. Insurance Company of North America
Year: 1998
Court: Pennsylvania Supreme Court, Eastern District
Case Number: 0017 E.D.
Issue:
  • Trigger of Coverage
State:
  • Pennsylvania
Gamble Farm Inn, Inc vs. Selective Insurance Company
Year: 1994
Court: Pennsylvania Common Pleas Court, Lycoming County
Case Number: 92-01485
Issue:
  • Bad Faith
State:
  • Pennsylvania

Insured should have a reasonable expectation that the third party administrator (TPA) administering a claim has an obligation of good faith and fair dealing.
General Refractories Corp. vs. First State Insurance Company
Year: 2005
Court: U.S. Court of Appeals, 3rd Circuit
Case Number: 05-4708
Issue:
  • Commercial General Liability
State:
  • Pennsylvania

The issue on appeal in this case primarily impacts commercial policyholders. A lower court granted an insurer’s motion and dismissed a policyholder’s case because they did not sue every possible insurer that had even a remote connection to the underlying claim. If the holding is…
Erie Insurance Exchange vs. Hollock
Year: 2003
Court: Pennsylvania Superior Court
Case Number: 67 MAP 2005 (Supreme Court), 298 MDA 2002 (Superior Court)
Issue:
  • Bad Faith
State:
  • Pennsylvania

In Pennsylvania a violation of the Unfair Practices Act should be relevant evidence of bad faith. An insurance company’s violations of its own internal guidelines, manuals and procedures is relevant evidence of bad faith. Case upholds post –Campbell ratio of compensatory to punitive damages of…
Koken vs. Legion & Villanova Insurance
Year: 2002
Court:
Case Number: 204, 205, 211, 212, MAP, Pennsylvania. 2003
Issue:
  • Reinsurance
State:
  • Pennsylvania

A reinsurer’s obligation to make payments to the insured does not diminish after insolvency.
Kvaerner Metals vs. Commercial Union
Year: 2003
Court: Supreme Court of Pennsylvania
Case Number:
Issue:
  • Reasonable Expectations of Coverage
State:
  • Pennsylvania

Reasonable expectations of coverage; rules of interpretation; duty of good faith and fair dealing
Lititz Mutual Insurance Company vs. Steely
Year: 1999
Court: Pennsylvania Supreme Court, Middle District
Case Number:
Issue:
  • Pollution Exclusion and Coverages
State:
  • Pennsylvania

Reasonable expectations; “absolute” pollution exclusion.