Amicus Briefs Archive - United Policyholders

Jarden LLC, v. Ace American Ins. Co. et. al.

Court: Supreme Court of the State of Delaware

Case Number: No. 273, 2021

Appraisal
D&O Policy Language

Delaware

In its brief, UP weighs in on whether this appeal generally concerns the Appellant’s entitlement to coverage under a directors and officers policy of insurance for consolidated shareholder appraisal actions resulting in a judgment against the Appellant, as well as litigation costs and fees. UP identifies important issues of…

Hartford Fire Insurance v. MODA, LLC et. al.

Court: Appellate Court of the State of Connecticut

Case Number: AC 44820

COVID-19

Connecticut

In its brief, UP weighs in on the long-standing precedent set by the insurance industry and courts that property insurance policies cover loss from events that render a property unfit for its intended use. Insurance industry drafting organizations have, for decades, concluded that the terms…

Circus Circus v. AIG Specialty Ins. Co.

Court: United States Court of Appeals Ninth Circuit

Case Number: 21-15367

COVID-19

Nevada

In its brief, UP weighs in on the tumultuous effect the pandemic has inflicted on the entertainment industry, namely a hotel/ casino in the entertainment capital of the world. Apart from, but complimentary to, the argument of the policyholder that the presence of COVID-19 at the insured…

Circle Block Partners et. al. v. Fireman’s Fund Ins. Co.

Court: United States Court of Appeals Seventh Circuit

Case Number: 21-2459

COVID-19

Indiana

In its brief, UP explores how an all-risk policy, like the one sold by FFIC, is meant to cover all risks of physical loss or damage that are not expressly excluded in the policy. Indiana law places the burden on insurance companies to clearly and…

Summit Hospitality Group, LTD. v. The Cincinnati Ins. Co.

Court: United States Court of Appeals Fourth Circuit

Case Number: 21-1362

COVID-19

North Carolina

In its brief, UP explores the district court ruling that Summit had not pleaded a claim for relief, holding that Summit did not plausibly allege that access to its property was “specifically denied” due to COVID-19 and the government orders limiting access to the business. Citing no authority,…

Huntington Ingalls Industries, Inc. v. Ace Am. Ins. Co. et. al.

Court: The Supreme Court of Vermont

Case Number: 2021-173

COVID-19

Vermont

In its brief, UP tackles the effects of COVID-19 on businesses in the state of Vermont and duty of insurers to oblige business interruption losses due to physical loss or damage caused by the virus. In this case the insurer has denied HII’s claim, mainly on…

The Masonic Temple Association of Quincy v. Acadia Ins. Co.

Court: Massachusetts Supreme Judicial Court

Case Number: SJC-13109

Policy Interpretation

Massachusetts

In its brief, UP explores the issue of whether the named insured in a general liability insurance policy includes a “doing business as” designation, whether policy coverage is limited to liabilities arising out of the “doing business as” entity’s business or whether it applies to the…

CLMS Management Services LP, et. al. v. Amwins Brokerage of Georgia LLC, et al.

Court: United States Court of Appeals Ninth Circuit

Case Number: 20-35428

Arbitration
Mandatory arbitration

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…

Treasure Cay Condominium Assoc., Inc. v. Frontline Unlimited Ins. Co.

Court: United States Court of Appeals Eleventh Circuit

Case Number: 21-10611-E

Appraisal
Scope of Appraisal

Florida

In its brief, UP discusses the purpose of appraisal and why the District Court erred in granting summary judgment to the insurer. UP suggests that the Court erred in holding that Treasure Cay’s demand for appraisal was premature, and that the purpose of appraisal is to…

Neuro-Communication Services, Inc. v. The Cincinnati Insurance Co. et. al.

Court: The Supreme Court of Ohio

Case Number: 2021-0130

COVID-19

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.

Court: Indiana Court of Appeals

Case Number: 21A-PL-00628

COVID-19

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.

Court: United States Court of Appeals for the Ninth Circuit

Case Number: 21-15585

COVID-19

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.

Court: Superior Court of New Jersey

Case Number: UNN-L-2584-20

COVID-19
Regulatory Estoppel

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

Court: United States Court of Appeals for the Eleventh Circuit

Case Number: 21-10992-CC

COVID-19

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.

Court: Supreme Court of Washington

Case Number: 99377-7

Filed Rate Doctrine

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.

Court: United States Circuit if Appeals fir the First Circuit

Case Number: 21-1202

COVID-19

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.

Court: United States Court of Appeals for the Sixth Circuit

Case Number: 21-3245

COVID-19

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

Court: Supreme Court Florida

Case Number: SC20-1766

Appraisal

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 in the policy dictates that issues of coverage must be determined prior to appraisal. However, American Capital’s policy, and most modern…