Tulalip Tribes of Washington v. Lexington Insurance Company Year: 2024 Court: Court of Appeals Division 1 Case Number: 861158 Issue: COVID-19 State: Washington In its amicus curiae brief, United Policyholders supports coverage for an insured’s business interruption losses related to the SARS-CoV-2 virus and COVID-19.
Olympic Vista Homeowners Association v. Allstate Insurance Company Year: 2024 Court: United States Court of Appeals for the Ninth Circuit Case Number: 23-3109 Issue: Notice of time to file claim State: Washington In its amicus brief, United Policyholders addresses the important issue of suit limitations clauses in insurance policies for progressive hidden damage claims. In the case the insurance policy contained a clause requiring an insured to file suit within 2 years after the loss occurred. But…
The Everett Clinic, PLLC v. Premera and Premerafirst, Inc Year: 2023 Court: Washington Supreme Court Case Number: 101683-2 Issue: Health Plans State: Washington In its amicus brief, United Policyholders takes a pro-consumer and pro-insurer position in the context of Washington’s longstanding public policy commitment to price competition in the healthcare marketplace. UP’s brief urges the Court to interpret a disputed agreement in a way that fosters competition and…
Hill and Stout PLLC v. Mutual of Enumclaw Insurance Company Year: 2022 Court: Washington Supreme Court Case Number: 100211-4 Issue: COVID-19 State: Washington 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 under standard property insurance policies, “loss of” property occurs when property cannot be used for its intended purpose.
Seattle Tunnel Partners, et al. v. Great Lakes Reinsurance (UK) PLC, et al. Year: 2022 Court: Washington Supreme Court Case Number: 100168-1 Issue: Physical Loss or Damage State: Washington In its amicus curiae brief, UP provides the Court with case law and perspective on the genesis and historical interpretation of the key coverage “trigger” language used in standard property insurance policies.
The Everett Clinic, PLLC v. Premera and Premerafirst, Inc Year: 2022 Court: Washington Court of Appeals Division 1 Case Number: 82687-5-I Issue: Health Plans State: Washington In its amicus brief, United Policyholders takes a pro-consumer and pro-insurer position in the context of Washington’s longstanding public policy commitment to price competition in the healthcare marketplace. UP’s brief urges the Court to interpret a disputed agreement in a way that fosters competition and…
Preferred Contractors Ins. Co. v. Baker and Son Construction, et al. Year: 2022 Court: Washington Supreme Court Case Number: 100466-4 Issue: Occurrence State: Washington In its amicus brief, United Policyholders addresses the issue of “non-retroactive claims-made coverage,” a highly unusual and notorious type of insurance that ostensibly requires that both (1) the conduct giving rise to an insurance claim and (2) the insurance claim itself to occur during the…
ES Restaurant Group Inc. et al v. Fireman’s Fund Insurance Company et al Year: 2022 Court: United States Court of Appeals for the Ninth Circuit Case Number: 21-35498 Issue: COVID-19 State: Washington 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…
First and Stewart Hotel Owner, LLC v. Fireman’s Fund Insurance Company Year: 2021 Court: United States Court of Appeals for the Ninth Circuit Case Number: 21-35637 Issue: COVID-19 State: Washington 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 case law from the Ninth Circuit and across the country showing that the standard insuring language…
CLMS Management Services LP, et. al. v. Amwins Brokerage of Georgia LLC, et al. Year: 2020 Court: United States Court of Appeals Ninth Circuit Case Number: 20-35428 Issue: Arbitration State: Washington In it brief, UP urges the Court to follow the Second Circuits lead in enforcing state anti-arbitration laws against foreign insurers just as they are enforceable against domestic insurers. As current Washington state law and Federal law (McCarran-Ferguson Act) stands, state anti-arbitration laws supersede acts…
Alpert v. Nationstar Mortgage LLC., et. al. Year: 2021 Court: Supreme Court of Washington Case Number: 99377-7 Issue: Filed Rate Doctrine State: Washington In its brief, UP explores the filed rate doctrines effect on illegal insurance practices. The filed rate doctrine potentially upholds illegal practices, such as mortgage kickbacks, unjust enrichment and racketeering by barring claims against insurers for insurance rates that have been previously approved by state…
HT-Seattle Owner, LLC. v. American Guarantee and Liability Ins. Co. Year: 2021 Court: United States District Court Western District of Washington At Seattle Case Number: Number: 2:21-cv-00048-BJR Issue: COVID-19 State: Washington In its brief, UP sheds light on Zurich Edge’s pre-printed policy form that it issues to only its very large property policyholders and includes an endorsement that deletes “virus” from the Policy’s Contamination Exclusion (the “Virus Deletion Endorsement”). The “all-risk” policy provides coverage for COVID…
Vita Coffee, LLC v. Fireman’s Fund Insurance Company Year: 2020 Court: United States District Court Western District of Washington at Seattle Case Number: 2:20-cv-01079-JCC-DWC Issue: COVID-19 State: Washington In its brief, UP, along with the National Independent Venue Association and the Washington Hospitality Association, opposed a Motion to Dismiss a COVID-19 Business Interruption claim by Fireman’s Fund Insurance Company. UP focused on the following arguments: Washington rules of insurance contract interpretation do not…
Cook, Heidi Sue vs. American States Insurance Company Year: 1996 Court: Washington State Supreme Court Case Number: 35941-0-1 Issue: Pollution Exclusion and Coverages State: Washington
Jones, Janet and Jones, Terry v. Allstate Insurance Co et al Year: 1999 Court: Washington State Court of Appeals Case Number: 46005-6-1 Issue: Conflict of Interest State: Washington Allstate cannot be allowed to deceive policyholders and third party claimants by failing to inform them they may be in an adversarial position with the insurance company and that the insurance company has no obligation to protect the victim.
Kent Farms, Inc. vs. Zurich Insurance Company Year: 1998 Court: Washington State Supreme Court Case Number: 67635-6 Issue: Interpretation of coverage State: Washington Insurance companies cannot abrogate their insurance policies by applying in practice a more restrictive interpretation of coverage than what was represented to the insurance commissioners in order to obtain approval of the language of the policy and associated premiums.
Mathis vs. State Farm Mutual Automobile Insurance Company Year: 1998 Court: U.S. Court of Appeals, 9th Circuit Case Number: 98-36001 Issue: Bad Faith State: Washington Court should unequivocally declare that the termination of an insurance company employee for refusal to engage in bad faith conduct contravenes a clear mandate of public policy and subjects the insurance company employer to liability in tort for wrongful discharge.
Strandley vs. CAN Insurance Company Year: 1998 Court: Washington State Supreme Court Case Number: Issue: Statute of Limitations State: Washington