Radiator Specialty Co. v. Arrowood Indemnity Co.
Year: 2021
Court: North Carolina Supreme Court
Case Number: 20PA21
Issue:
  • All Sums
State:
  • North Carolina

In its amicus curiae brief, UP argues that the terms of the standard commercial general liability insurance policy compels “all sums” allocation. UP brief specifically emphasizes the insurance industry’s extensive drafting history, which confirms that the standard commercial general liability insurance policy, once triggered by…
Timothy A. Ungarean d/b/a Smile Savers Dentistry et. al. v. CNA et. al.
Year: 2022
Court: Court of Common Pleas of Allegheny County
Case Number: 490 WDA 2021
Issue:
  • COVID-19
State:
  • Pennsylvania

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 against a…
Sagome Inc. D/B/A L’Hostaria v. The Cincinnati Insurance Co.
Year: 2022
Court: United States Court of Appeals for the Tenth Circuit
Case Number: 21-1359
Issue:
  • COVID-19
State:
  • Colorado

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 against a…
ES Restaurant Group Inc. et al v. Fireman’s Fund Insurance Company et al
Year: 2022
Court: United States Court of Appeals for the Ninth Circuit
Case Number: 21-35498
Issue:
  • COVID-19
State:
  • Washington

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 against a…
Wild Eggs Holdings v. State Auto and Property Casualty Ins. Co
Year: 2021
Court: United States Court of Appeals for the Sixth Circuit
Case Number: 21-5962
Issue:
  • COVID-19
State:
  • Kentucky

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 against a…
Verveine Corp. d/b/a Coppa & others vs. Strathmore Ins. CO. & another
Year: 2021
Court: Massachusetts Supreme Judicial Court
Case Number: SJC-13172
Issue:
  • COVID-19
State:
  • Massachusetts

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 against a…
The Cordish Companies v. Affiliated FM Insurance Company
Year: 2021
Court: United States Court of Appeals for the Fourth Circuit
Case Number: 21-2055
Issue:
  • COVID-19
State:
  • Maryland

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 against a…
Consolidated Restaurant Operations, Inc. v. Westport Ins. Corp.
Year: 2021
Court: New York Appellate Division First Department
Case Number: 2021-02971 & 2021-04034
Issue:
  • COVID-19
State:
  • New York

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 against a…
Lionbridge Technologies, LLC v. Valley Forge Insurance Co.
Year: 2021
Court: United States Court of Appeals for the First Circuit
Case Number: 21-1698
Issue:
  • Attorney Client Privilege
  • Common Interest Doctrine
  • Duty to Defend
State:
  • Massachusetts

In its amicus curiae brief, UP weighs in on the issues of an insurer’s duty to defend and the ability of an insurance company to obtain the privileged information of its insured under the guise of the common interest doctrine. UP argues that when an…
North State Deli, LLC, et al v. The Cincinnati Insurance Company, et al
Year: 2021
Court: North Carolina Court of Appeals
Case Number: COA 21-293
Issue:
  • COVID-19
State:
  • North Carolina

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 against a…
Colectivo Coffee Roasters et al. v. Society Insurance, A Mutual Company
Year: 2021
Court: Wisconsin Supreme Court
Case Number: 2021AP000463
Issue:
  • COVID-19
State:
  • Wisconsin

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 brief provides the Wisconsin Supreme Court with legal precedent and arguments relating to five distinct points: (1) airspace is an important part of…
Frymire Home Services, Inc. and Whitefield Capital, LLC v. Ohio Security Insurance Company
Year: 2021
Court: Texas Supreme Court
Case Number: 21-0757
Issue:
  • Concurrent Causation
State:
  • Texas

In its amicus curiae brief, UP addresses whether the concurrent cause doctrine applies where there is any non-covered damage, including “wear and tear” to an insured property, but such damage does not directly cause the particular loss experienced by a policyholder. UP argues that while…
1 S.A.N.T., Inc. v. Berkshire Hathaway, et al.
Year: 2021
Court: United States Court of Appeals for the Third Circuit
Case Number: Nos. 21-1109; 21-1038; 21-1039; 21-1106; 21-1107; 21-1294
Issue:
  • COVID-19
State:
  • Pennsylvania

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’s discusses the application of the regulatory estoppel doctrine to COVID-19 related losses. The doctrine of regulatory estoppel prevents insurers from profiting by misleading…
First and Stewart Hotel Owner, LLC v. Fireman’s Fund Insurance Company
Year: 2021
Court: United States Court of Appeals for the Ninth Circuit
Case Number: 21-35637
Issue:
  • COVID-19
State:
  • Washington

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’s brief provides the Court with 50 years of case law from the Ninth Circuit and across the country showing that the standard insuring language…
Ashland Hospital Corporation D/B/A King’s Daughters Medical Center, et al. v. Darwin Select Insurance Co., et al.
Year: 2021
Court: Kentucky Supreme Court
Case Number: 2020-SC-0260-D
Issue:
  • Duty to pay defense costs
State:
  • Kentucky

In its amicus curiae brief, UP supports an insured Kentucky hospital that was ordered to reimburse its insurer for legal fees previously paid by the insurer to defend the hospital in underlying lawsuits. UP’s brief argued: (1) procedurally, the lower court lacked the authority to…
Sportime Clubs, LLC v. American Home Assurance Company
Year: 2021
Court: New York Supreme Court Appellate Division Second Judicial Department
Case Number: 2021-05000
Issue:
  • COVID-19
State:
  • New York

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’s brief provides the Court with 50 years of history and case law in New York and across the country showing that the standard insuring…
Selane Products, Inc. v. Continental Casualty Company
Year: 2021
Court: United States Court of Appeals for the Ninth Circuit
Case Number: 21-55123
Issue:
  • COVID-19
State:
  • California

In its amicus curiae brief, UP supports an insured’s petition for rehearing in the context of coronavirus-related business income losses. UP’s brief argues three main points: (1) the Panel misapplied the Civil Authority Endorsement in the insured’s policy; (2) decades of case law confirm that…
Chattanooga Professional Baseball LLC v. National Casualty Co.
Year: 2021
Court: United States Court of Appeals for the Ninth Circuit
Case Number: 20-17422
Issue:
  • COVID-19
  • Regulatory Estoppel
State:
  • Arizona

In its amicus curiae brief, UP supports an insured’s petition for rehearing on the basis that the Ninth Circuit Panel misapplied the doctrine of regulatory estoppel.