Pennsylvania
Sapa Extrusions, Inc. v. Liberty Mutual Insurance Co.
Year: 2018
Court: United States Court of Appeals for the Third Circuit
Case Number: 18-2206
Issue:
  • Duty to Defend
  • Insurance contract interpretation
  • policyholder reasonable expectations
State:
  • Pennsylvania

In its brief, UP focuses on three grounds for reversal of the district court opinion: The District Court failed to interpret the insurance policies as a whole and rendered products liability coverage illusory in Pennsylvania. The District Court’s interpretation of “occurence” contravenes the insured’s reasonable…
Erie v. Moore, McCutcheon
Year: 2018
Court: Pennsylvania Supreme Court
Case Number: No. WAP 2018
Issue:
  • Duty to Defend
State:
  • Pennsylvania

Insurance companies may not preemptively discern an intent to cause injury when a complaint alleges accidental injury to nullify the insurer’s duty to defend. The point of the duty to defend is ensure that the policyholder has a defense to potentially covered allegations pending a…
Joseph Tambellini, Inc. v. Erie Insurance Exchange
Year: 2020
Court: Supreme Court of Pennsylvania
Case Number: 52 WM 2020
Issue:
  • COVID-19
State:
  • Pennsylvania

In its brief, UP weighed in to argue against a homogenous, one-size-fits-all judicial resolution for business interruption (BI) claims resulting from Governor Tom Wolf’s emergency order regulating actives of business and persons in Pennsylvania. UP first argues that the proposed consolidation would limit the options…
Cornerstone Warrington, Inc. v. The Cincinnati Insurance Co.
Year: 2020
Court: United States District Court for the Eastern District of Pennsylvania
Case Number: 2:20-cv-02398-MMB
Issue:
  • COVID-19
State:
  • Pennsylvania

In its brief opposing The Cincinnati Insurance Company’s Motion to Dismiss, UP argues that the policy wording and decades of legal authorities from Pennsylvania and nationwide agree that “physical loss” to property under a property insurance policy is demonstrated by the presence, suspected presence, and/or…