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.
In re: Hill Hotel Owner v. Hanover Insurance Company Year: 2024 Court: Colorado Supreme Court Case Number: 2024SA113 Issue: Attorney-Client and Work-Product Privilege State: Colorado In its amicus brief, United Policyholders weighs in on the important issue of whether attorney-client and work-product privileges attach to an insurer’s claims handling materials when such documents were created by or sent to/from attorneys working on behalf of an insurance company. United Policyholder’s argues…
NIBCO vs. Starr Indemnity and Liability Co., et al Year: 2024 Court: Indiana Supreme Court Case Number: Issue: Good Faith and Fair Dealing State: Indiana United Policyholders submitted an amicus brief on behalf of an insured who lost out on the possibility of coverage due to an inadvertent error and technicality. Importantly, the insurance company was aware of the error but declined to bring it to the attention of the…
Texas Windstorm Insurance Association v. Stephen Pruski Year: 2023 Court: Texas Supreme Court Case Number: 23-0447 Issue: Jurisdiction State: Texas In its amicus brief, United Policyholders addresses a jurisdictional question with far-reaching implications. The issue is whether a provision of Texas Insurance Code Section 2210.575(e) renders a decision made by a Texas District Court judge who was not appointed by the proper MDL panel void.…
Susan Dow v. Safeco Insurance Company of America. Year: 2024 Court: United States Court of Appeals for the Ninth Circuit Case Number: 23-2641 Issue: Actual Cash Value State: Montana In its amicus brief, United Policyholders addresses the critical distinction between Actual Cash Value (ACV) and Replacement Cost Value (RCV) in property insurance policies, and the rightful entitlement of policyholders to a receive full ACV payment as the minimum “floor,” irrespective of subsequent repair costs…
Westrock CP, LLC v. Lexington Insurance Company and Indian Harbor Insurance Company Year: 2024 Court: Appellate Court of Illinois, First Judicial District Case Number: 1-23-1631 Issue: Policy Interpretation State: Illinois In its amicus brief, United Policyholders addresses the novel issue of when pollution conditions should be considered “related” under a pollution legal liability policy. An insured paper mill experienced two pollution “incidents” resulting from different processes at the paper mill (the pulping of paper vs.…
Truck Insurance Exchange v. Kaiser Gypsum Company, Inc., et al. Year: 2024 Court: United States Supreme Court Case Number: 22-1079 Issue: Bankruptcy State: North Carolina In its amicus curiae brief, United Policyholders argues that an insurance company should not have the right to insert itself into the bankruptcy reorganization proceeding of its insured when the proposed reorganization has been found to be “insurance neutral.” An insurer’s attempts to gain broader…
Certain Underwriters at Lloyd’s London, et al. v. The Sherwin-Williams Company Year: 2023 Court: Supreme Court of Ohio Case Number: 2023-0255 Issue: Accident/Occurrence & Intentional Acts State: Ohio In its amicus curiae brief, United Policyholders addresses whether an insured, Sherwin-Williams, is entitled to coverage for its portion of a lead paint settlement. The coverage dispute turns on issues of whether the insured “expected or intended” property damage to occur from its sale of…
Myasnyankin v. Nationwide Mutual Insurance Company Year: 2023 Court: California Court of Appeal, First Appellate District, Division Two Case Number: A166946 Issue: Claims Handling State: California United Policyholders’ amicus brief addresses the issue of an insured’s right to video record an insurer’s participants in an examination under oath (“EUO”)proceeding. United Policyholders takes the position that Insurance Code section 2071.1, which provides the insured with the right to “record the examination proceedings…
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…
Aloha Petroleum v. National Union Fire Insurance Company Year: 2024 Court: Hawaii Supreme Court Case Number: SCCQ-23-0000515 Issue: Duty to Defend State: Hawaii In the Aloha Petroleum case, the Hawaii Supreme Court accepted a certified question from a Hawaii Federal District Court asking: (1) For any insurance policy defining a covered “occurrence” in part as an “accident,” can an “accident” include recklessness? and (2) For an “occurrence” insurance…
North State Deli, LLC, et al v. The Cincinnati Insurance Company, et al Year: 2024 Court: North Carolina Supreme Court Case Number: 22-PA21-2 Issue: COVID-19 State: North Carolina 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.
Westfield Insurance Company v. Sisterville Tank Works, Inc., et. al Year: 2023 Court: West Virginia Supreme Court of Appeals Case Number: 22-848 Issue: Continuous Trigger State: West Virginia In its amicus brief, United Policyholders urged West Virginia’s high court to adopt the “continuous trigger” standard for progressive injuries in occurrence based insurance policies. In October of 2023, the West Virginia Supreme Court of Appeals issued its opinion, noting that it “greatly appreciate the…
75 Arlington Street, et. al v. Strathmore Insurance Company Year: 2023 Court: Massachusetts Supreme Judicial Court Case Number: 2023-P-0407 Issue: COVID-19 State: Massachusetts 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.
Lincoln Holdings LLC, et al. v. Factory Mutual Insurance Company Year: 2023 Court: District of Columbia Court of Appeals Case Number: 23-7056 Issue: COVID-19 State: District of Columbia 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.
Hartford Fire Insurance Company v. Medline Industries, Inc. et al. Year: 2023 Court: Appellate Court of Illinois, First Judicial District Case Number: 1-23-0841 Issue: Duty to Defend State: Illinois In its amicus curiae brief, United Policyholders addresses the question of whether a liability insurer has a duty to defend an underlying lawsuit alleging only willful and intentional wrongdoing by an insured defendant but when liability could be established by proof of non-intentional, accidental conduct. Drawing…
Starlight Cinemas, Inc. v. Massachusetts Bay Insurance Co. Year: 2023 Court: Court of Appeal of the State of California Second Appellate District, Division Seven Case Number: B313518 Issue: COVID-19 State: California Letter requesting depublication.
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.