Amicus Briefs Archive - Page 16 of 37

Fairly Debatable Standard

Kentucky

Insurance coverage; “fairly debatable” standard; reformation; bad faith; fiduciary duty; attorney-client privilege-standard of review

General Refractories Corp. vs. First State Insurance Company

Year: 2005

Court: U.S. Court of Appeals, 3rd Circuit

Case Number: 05-4708

Issue:

Commercial General Liability

State:

Pennsylvania

The issue on appeal in this case primarily impacts commercial policyholders. A lower court granted an insurer’s motion and dismissed a policyholder’s case because they did not sue every possible insurer that had even a remote connection to the underlying claim. If the holding is…

Gencorp Inc. vs. AIU Insurance Co.

Year: 2003

Court: U.S. Court of Appeals, 6th Circuit

Case Number: 04-3244

Issue:

Environmental cleanup

State:

Ohio

Coverage for environmental cleanup should be consistent with insured’s reasonable expectations of coverage

Gamble Farm Inn, Inc vs. Selective Insurance Company

Year: 1994

Court: Pennsylvania Common Pleas Court, Lycoming County

Case Number: 92-01485

Issue:

Bad Faith

State:

Pennsylvania

Insured should have a reasonable expectation that the third party administrator (TPA) administering a claim has an obligation of good faith and fair dealing.

Gallagher Bassett Service Inc. vs. Jeffcoat, Charles, Jr.

Year: 2002

Court: Mississippi Supreme Court

Case Number: 98-TS-00192

Issue:

Insurance as Public Service

State:

Mississippi

Public service nature of insurance—duty of good faith and fair dealing

Fuller-Austin Insulation Company, f/b/o Fuller-Austin Asbestos Settlement Trust vs. Highlands Insurance Company, et al.

Year: 2004

Court: U.S. Supreme Court

Case Number: 06-94

Issue:

Duty to bankrupt policyholders

State:

United States

Insurer’s obligation to bankrupt policyholder post discharge. Asbestos case.

Foster-Gardner, Inc. vs. National Union Fire Insurance Company of Pittsburgh, PA

Year: 1996

Court: Court of Appeals, 2nd Appellate Division, California

Case Number:

Issue:

Pollution Exclusion and Coverages

State:

California

PRP letters as suits; polluter’s exclusion

Foreign Car Center vs. Travelers Indemnity

Year: 1997

Court: United States District Court, Massachusetts

Case Number:

Issue:

Pollution Exclusion and Coverages

State:

Massachusetts

Drafting history; polluter’s exclusions; expected or intended

Fluoroware, Inc. vs. Chubb Group of Insurance Companies

Year: 1995

Court: Minnesota Court of Appeals

Case Number: C3-95-1809; No. CX-95-1810

Issue:

Coverage

State:

Minnesota

Insurance companies should not be allowed to keep information supporting coverage from the Courts of their policyholders. Depublication of pro-policyholder decisions should not be condoned.

Pollution Exclusion and Coverages

State:

Oregon

UP filed a petition supporting review urging that the key definition of “pollutants” employed in ithe subject nsurance policies were so overbroad as to be meaningless.

First State Insurance Company vs. Minnesota Mining Manufacturing Company

Year: 1997

Court: Minnesota Supreme Court

Case Number: C4-97-1872, CO-97-2257

Issue:

“disappearing decisions”; confidentiality orders

State:

Minnesota

First American Title Insurance Company vs. Superior Court

Year: 2006

Court: California Court of Appeal, 2nd District, Division 3

Case Number: B194004 (2007)

Issue:

Discovery

State:

California

Request for depublication. Plaintiffs must be allowed pre-certification discovery in class actions arising out of insurance marketing and underwriting practices which often involve damages to policyholders that are too small to warrant individual action.

Ieyoub, Richard vs. The American Tobacco Company

Year: 1997

Court: U.S. Court of Appeals, 5th Circuit

Case Number: 97-31222

Issue:

Arbitration

State:

Louisiana

Hyundai Motor America vs. National Union Fire Insurance Company

Year: 2008

Court: U.S. Court of Appeals, 9th Circuit

Case Number: 08-56527

Issue:

Duty to Defend

State:

California

The district court erroneously held that “advertising injury” insured under the CGL Policies at issue did not include “an injury caused by patent infringement even if that injury occurs during the course of an advertising activity.” The district court also failed to properly apply the…

Humana Inc. and Humana Health Insurance of Nevada, Inc. vs. Forsyth, Mary

Year: 1998

Court:

Case Number: 525 US 299

Issue:

RICO

State:

United States

Rico Claims; unfair trade practices

Erie Insurance Exchange vs. Hollock

Year: 2003

Court: Pennsylvania Superior Court

Case Number: 67 MAP 2005 (Supreme Court), 298 MDA 2002 (Superior Court)

Issue:

Bad Faith

State:

Pennsylvania

In Pennsylvania a violation of the Unfair Practices Act should be relevant evidence of bad faith. An insurance company’s violations of its own internal guidelines, manuals and procedures is relevant evidence of bad faith. Case upholds post –Campbell ratio of compensatory to punitive damages of…

Hoffman, David vs. State of Georgia, Office of Insurance Commissioner and Oxendine, John W.

Year: 2002

Court: Georgia Court of Appeals

Case Number: A04A0134

Issue:

Discovery

State:

Georgia

Brief requesting that the State of Georgia be forced to make the Insurance Commissioner’s investigative study of UnumProvident public.

Heritage Healthcare Services, Inc. et al. vs. Beacon Mutual Insurance Company et al.

Year: 2006

Court: Rhode Island Superior Court

Case Number: 2002-7016

Issue:

Discovery

State:

Rhode Island

United Policyholders filed an amicus brief to educate the court on why documents and reports resulting from Market Conduction Examinations conducted by state insurance regulators are discoverable in civil litigation.