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.
Zurich American Insurance Company v. Medical Properties Trust, Inc.
Year: 2023
Court: United States Court of Appeals for the First Circuit
Case Number: 23-1167 & SJC-13535
Issue:
  • Insurance contract interpretation
State:
  • Massachusetts

In its amicus curiae brief, United Policyholders addresses the question of whether rainwater that landed and accumulated on an enclosed rooftop one or more stories above ground constitutes “surface waters” for the purposes of an insurance policy’s “Flood” sublimit. Related News A “Flood” of Uncertainty;…
Creative Consolidation, et. al v. Erie Insurance Company
Year: 2023
Court: District of Columbia Court of Appeals
Case Number: 22-cv-950
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. UP’s brief rebuts an insurance industry talking point that is often raised during times of crisis: that requiring insurance companies to pay what…
Mark Bennett, D.D.S. v. Ohio National Life Assurance Corporation
Year: 2023
Court: Court of Appeal of the State of California First Appellate District, Division III
Case Number: A166049
Issue:
  • Statute of Limitations
State:
  • California

In its amicus curiae brief, United Policyholders supports an insured doctor in the context of disability insurance. Lifetime benefit cases are an increasingly important issue given that individuals who purchased such policies in the mid to late 90s are now often reaching age 65. In…
AC Ocean Walk v. American Guarantee and Liability Ins. Co., et al.
Year: 2023
Court: New Jersey Supreme Court
Case Number: 087304
Issue:
  • COVID-19
State:
  • New Jersey

In its amicus curiae brief, UP 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 what the insurance industry and policyholders have long known: that “all risks” insurance policies protect insureds…
Travelers Insurance Company, et al. v. Bodell Construction Company
Year: 2023
Court: Hawaii Supreme Court
Case Number: SCCQ-22-0000658
Issue:
  • Duty to Defend
State:
  • Hawaii

In its amicus brief, United Policyholders addresses a critical question that has split state high courts around the country: whether an insurance company can seek reimbursement or recoupment of previously paid defense fees and costs when the insurance policy contains no express provision allowing for…
The Everett Clinic, PLLC v. Premera and Premerafirst, Inc
Year: 2023
Court: Washington Supreme Court
Case Number: 101683-2
Issue:
  • Health Plans
State:
  • Washington

In its amicus brief, United Policyholders takes a pro-consumer and pro-insurer position in the context of Washington’s longstanding public policy commitment to price competition in the healthcare marketplace. UP’s brief urges the Court to interpret a disputed agreement in a way that fosters competition and…
Tory Burch, LLC v. Zurich American Insurance Company
Year: 2023
Court: Superior Court of New Jersey Appellate Division
Case Number: A-001566-21
Issue:
  • COVID-19
State:
  • New Jersey

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 what the insurance industry has long accepted and policyholders have long expected: that the phrase…
Wawa, Inc. v. Starr Surplus Lines Insurance Company, et al.
Year: 2023
Court: Superior Court of New Jersey Appellate Division
Case Number: A-003820-21T4
Issue:
  • COVID-19
State:
  • New Jersey

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 what the insurance industry has long accepted and policyholders have long expected: that the phrase…
President and Fellows of Harvard College v. Zurich American Insurance Company
Year: 2023
Court: United States Court of Appeals for the First Circuit
Case Number: 22-1983
Issue:
  • Late notice
State:
  • Massachusetts

In its amicus curiae brief, United Policyholders weighs in on the issue of late notice under claims made insurance policies. In order to protect policyholders against the threat of losing coverage on account of minor breaches of the technical notice requirements, courts around the country…
Schleicher and Stebbins Hotel, LLC, et al. v. Starr Surplus Lines Ins. Co.
Year: 2022
Court: New Hampshire Supreme Court
Case Number: 2022-0155
Issue:
  • COVID-19
State:
  • New Hampshire

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 what the insurance industry and policyholders have long known: that the phrase “physical loss” as…
Stanford Weiner and Irene Weiner v. United Property and Casualty Ins. Co.
Year: 2023
Court: Florida 4th District Court of Appeal
Case Number: 4D22-2413
Issue:
  • Depreciation
State:
  • Florida

In its amicus curiae brief, United Policyholders argues that “actual cash value” payments should include the depreciated value of undamaged property to be replaced under Florida’s matching statute.
John’s Grill, Inc., et al. v. The Hartford Financial Services Group, Inc., et al.
Year: 2023
Court: California Supreme Court; Court of Appeal of the State of California First Appellate District, Division IV
Case Number: S278481; A162709
Issue:
  • COVID-19
State:
  • California

United Policyholders supports an insured seeking coverage for COVID-19 related losses. In its amicus brief before the California Supreme Court, United Policyholders addresses the issue of illusory coverage in the context of an insurance policy that contains a “Limited Fungi, Bacteria or Virus Coverage” endorsement.…