Origis USA LLC and Guy Vanderhaegen v. Great American Insurance Co., et al
Year: 2025
Court: Delaware Supreme Court
Case Number: 461-2024
Issue:
  • No Action Clause
State:
  • Delaware

In its amicus brief, United Policyholders argues that an insurer that denies coverage cannot enforce conditions precedent such as the “no action” clause to avoid insurance coverage litigation brought by its insured.
Aearo Technologies LLC, et al. v. ACE American Insurance Co., et al.
Year: 2024
Court: Delaware Supreme Court
Case Number: 381, 20204
Issue:
State:
  • Delaware

In its amicus brief, United Policyholders addresses the issue of whether payments made by a parent corporation on behalf of the parent corporation’s wholly owned subsidiary counts towards an insurance policy’s “self-insured retention” (SIR) requirements.
In the Matter of the Petition for Coordination of Maui Fire Cases
Year: 2024
Court: Hawai'i Supreme Court
Case Number: SCRQ-24-0000602
Issue:
  • Subrogation
State:
  • Hawaii

Through our Roadmap to Recovery program, United Policyholders is providing information and support to households impacted the devastating fire that destroyed homes and businesses and the town of Lahaina in August of 2023.  The majority of those whose properties were destroyed found themselves underinsured and…
Fox Paine & Co v. Twin City Fire Insurance Co.
Year: 2024
Court: California Supreme Court
Case Number: S287404
Issue:
  • Excess Insurance
State:
  • California

United Policyholders submitted two letters to the California Supreme Court (first a request for depublication on November 4, 2024 and then subsequently a letter in support of petition for review on December 9) regarding the issue of whether a policyholder who faces a large liability…
Universal Property and Casualty Insurance Company v. Rebecca Hughes
Year: 2024
Court: Florida Supreme Court
Case Number: SC2024-00025
Issue:
  • Late notice
State:
  • Florida

In its amicus brief, United Policyholders weighs in on the issue of retroactivity and late notice, arguing that under Florida’s two-prong test, a statute can only be applied retroactively if (1) it contains clear language indicating legislative intent for retroactively application and (2) such retroactivity is constitutionally…
Michael Cloud v. The Bert Bell/Pete Rozelle NFL Player Retirement Plan
Year: 2024
Court: United States Supreme Court
Case Number: 24-61
Issue:
  • ERISA
State:
  • Texas

In its amicus brief, United Policyholders argues that the Supreme Court should grant certiorari to make clear that in the context of ERISA claims, federal courts are not required to give deference to fiduciaries who have denied benefit claims without engaging in a full and fair claims process.…
Spectrum Retirement Communities, LLC, et al. v. Continental Casualty Company
Year: 2024
Court: Colorado Court of Appeals
Case Number: 2024CA34
Issue:
  • COVID-19
State:
  • Colorado

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. UP argues that decades of case law demonstrate that the presence of physically hazardous substances can qualify as “physical loss or damage” to…
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…