Neuro-Communication Services, Inc. v. The Cincinnati Insurance Co. et. al.
Year: 2021
Court: The Supreme Court of Ohio
Case Number: 2021-0130
Issue:
  • COVID-19
State:
  • Ohio

In its brief, UP tackles the issue of COVID-19 in support of Neuro-Communication Services, Inc. UP argues that businesses that were habitable and safe for their ordinary and intended use one day now have become unsafe for their ordinary and intended use due to the infiltration of COVID-19…
Indiana Repertory Theatre v. The Cincinnati Casualty Co.
Year: 2021
Court: Indiana Court of Appeals
Case Number: 21A-PL-00628
Issue:
  • COVID-19
State:
  • Indiana

In its brief, UP analyzes the absence of a virus and pandemic exclusion in an “all risk” policy, such as the one at issue in this case. The insurance industry has long recognized that losses like those caused by the recent COVID-19 pandemic are within the broad…
Outwest Restaurant Group, Inc. v. Affiliated FM Inc. Co.
Year: 2021
Court: United States Court of Appeals for the Ninth Circuit
Case Number: 21-15585
Issue:
  • COVID-19
State:
  • California

In its brief, UP sets out to clarify the flawed legal arguments that were set forth by the magistrate judge at the trial court level in this case. The magistrate judge concluded that this insuring agreement requires “a physical change in the condition or a permanent dispossession of…
Westfield Area YMCA et.al. v. The North River Insurance Co. et. al.
Year: 2021
Court: Superior Court of New Jersey
Case Number: UNN-L-2584-20
Issue:
  • COVID-19
  • Regulatory Estoppel
State:
  • New Jersey

In its brief, UP petitions  the court to allow its appearance as amicus curiae on behalf of the Westfield Area YMCA. The question presented in this case is whether regulatory estoppel should preclude enforcement of the virus and bacteria exclusions in light of those known…
Town Kitchen, LLC v. Lloyd’s London
Year: 2021
Court: United States Court of Appeals for the Eleventh Circuit
Case Number: 21-10992-CC
Issue:
  • COVID-19
State:
  • Florida

In its brief, UP tackles the issue of COVID-19 as it relates to the dismissal, at the trial court level, of Town Kitchen’s compliant against Lloyd’s London. UP argues the District Court relied on precedent in other jurisdictions and placed undue reliance on the Mama…
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…
Legal Sea Foods, LLC. v. Strathmore Ins. Co.
Year: 2021
Court: United States Circuit if Appeals fir the First Circuit
Case Number: 21-1202
Issue:
  • COVID-19
State:
  • Massachusetts

In its brief, UP weighs in on a COVID-19 matter for Legal Sea Foods whose business interruption policy did not include a virus exclusion. UP argues that the lower court in this case erred when it states the COVID-19 virus does not impact the structural…
Dakota Girls, LLC et.al., v. Philadelphia Indemnity Ins. Co.
Year: 2021
Court: United States Court of Appeals for the Sixth Circuit
Case Number: 21-3245
Issue:
  • COVID-19
State:
  • Ohio

In its brief, UP tackle a COVID-19 business interruption claim on behalf of Dakota Girls. Philadelphia IIC promised to insure business income if Dakota Girls suffered “physical loss of or damage to” its property. We argue that the disjunctive “or” shows that there are two bases for coverage:…
American Capital v. Leeward Bay
Year: 2021
Court: Supreme Court Florida
Case Number: SC20-1766
Issue:
  • Appraisal
State:
  • Florida

In its brief, UP tackles the issue of appraisal provisions that are placed in policies to resolve disputes over the amount of loss. Traditionally, nothing is the policy dictates that issues of coverage must be determined prior to appraisal. However, American Capital’s policy, and most modern…
Sandy Point Dental, P.C., v. The Cincinnati Ins. Co., Inc.
Year: 2021
Court: United States Court of Appeals for the Seventh Circuit
Case Number: 21-1186
Issue:
  • COVID-19
State:
  • Illinois

In its brief, UP weighs in on the uncontrolled spread of SARS-COV-2 (“coronavirus”) throughout Illinois. We argue that COVID, like a spreading wildfire, constitutes a natural disaster that insurance should cover. Businesses that were habitable and safe for their ordinary and intended use one day…
The Inns By The Sea v. California Mutual Insurance Co.
Year: 2021
Court: Court of Appeal of the State of California Sixth Appellate District
Case Number: H048443
Issue:
  • COVID-19
State:
  • California

In its brief, UP writes in support of Inns’ appeal to provide further context to this Court regarding: (1) why the insurance term “direct physical loss of or damage to” property does not require a showing of “physical alteration” to real property; (2) how the insurance…
Santo’s Italian Cafe v. Acuity
Year: 2021
Court: United States District Court for the Northern District of Ohio
Case Number: 21-3068
Issue:
  • COVID-19
State:
  • Ohio

In its brief, UP combats Acuity’s argument that in order to trigger coverage, there must be a “tangible alteration” of the business. UP does not share that view and urges the court to broaden the meaning of physical loss to include damage that renders property…
RTG Furniture v. Aspen
Year: 2021
Court: United States Court of Appeals for the Eleventh Circuit
Case Number: 21-10490
Issue:
  • COVID-19
State:
  • Florida

In its brief, UP tackles the topic of COVID-19. In the argument’s summary, UP states that the district court erred in holding “direct physical loss of or damage to” has only one meaning–“tangible injury to property”– because in doing so the district court: (1) ignored…
TJBC, Inc. v. The Cincinnati Ins. Co. Inc.
Year: 2021
Court: United States Court of Appeals for the Seventh Circuit
Case Number: 21-1203
Issue:
  • COVID-19
State:
  • Illinois

In its brief, UP breaks down the meaning of property in the context of COVID-19. In ascertaining the meaning of the phrase “direct physical accidental loss or damage” to property, it is critical not to minimize the significance and legal import of the word “property.” At…
Mac Property Group, LLC v. Selective Ins. Co.
Year: 2021
Court: New Jersey Appellate Division
Case Number: L-002629-20
Issue:
  • COVID-19
State:
  • New Jersey

In its brief, UP tackles the issue COVID-19 has posed to businesses. The present case is neither theoretical nor without significant consequences to the multitude of New Jersey businesses impacted by the COVID-19 pandemic.  Indeed, this Court’s decision is likely to affect businesses throughout this State…
Kirsch v. Aspen American Ins. Co.
Year: 2021
Court: United States Court of Appeals for the Sixth Circuit
Case Number: 21-1038
Issue:
  • COVID-19
State:
  • Michigan

In its brief, UP address the issue of physical loss of or damage to the property of Dr. Kirsch’s dental practice during the COVID-19 pandemic. This case presents a basic lesson in textualism. Aspen promised to insure business income if Dr. Kirsch suffered “physical loss of…
State Farm v. Sanders
Year: 2021
Court: Supreme Court of Florida
Case Number: SC20-596
Issue:
  • Appraisal
  • Scope of Appraisal
State:
  • Florida

In its brief, UP tackles the issue of appraisal. Insurance companies design and control the insurance policy form and the claim process. Property insurance carriers typically, as an element of exercising that control, place appraisal provisions in their policies to resolve disputes over the amount of…
Firebirds International, Inc. v. Zurich American Ins., Co.
Year: 2021
Court: Circuit Court of Cook County, Illinois, Chancery Division
Case Number: 2020-CH-05360
Issue:
  • COVID-19
State:
  • Illinois

In its brief, UP sheds light of Zurich’s attempt to deny coverage to policyholders across Illinois and North America for losses sustained as a result of the SARS-CoV-2 virus (the “Coronavirus”), the disease it causes, Coronavirus Disease 2019 (“COVID-19”) and the physical loss of or damage…