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Amicus Library

United Services Automobile Association and State Farm v. Anthony Wenzell
Year: 2025
Court: Colorado Supreme Court
Case Number: 2024SC000372
Issue:
  • Exhuastion
State:
  • Colorado

In its amicus brief, United Policyholders argues in favor of nullifying exhaustion provisions in excess underinsured-motorist insurance policies.

Griffith v. Property and Casualty Ins. Co. of Hartford
Year: 2025
Court: Oregon Supreme Court
Case Number: S072088
Issue:
  • Attorney's Fees
State:
  • Oregon

In its amicus brief, United Policyholders weighs in regarding attorney fee awards, arguing that making an insured whole is a key compensatory purpose of attorney fee awards and that any award amount that would leave an insured less than whole undermines the purpose of ORS…

Century Indemnity Co. V. Brooklyn Union Gas Co.
Year: 2025
Court: New York Supreme Court Appellate Division First Department
Case Number: 2024-00848
Issue:
  • Contra Proferentem
State:
  • New York

In its amicus brief, United Policyholders weighs in on one of the bedrock principles of insurance law, the doctrine of contra proferentem. Under the doctrine, ambiguous terms in insurance contracts are construed against the insurer. And the rationale is straightforward. Insurance companies write the policies…

Great Northwest Ins. Co. v. Campbell
Year: 2024
Court: Minnesota Supreme Court
Case Number: A23-0519
Issue:
  • Code Upgrades
State:
  • Minnesota

In its amicus curiae brief, UP argues that Minnesota law requires that replacement cost insurance policies include coverage for repairs that are mandatory to comply with the building code after a covered loss even if the insurance policy purports to say otherwise.

Aegean LLC v. Taggart Ins. Center Inc.
Year: 2025
Court: Indiana Supreme Court
Case Number: 24A-PL-02270
Issue:
  • Agent Duty
State:
  • Indiana

In its amicus brief, United Policyholders seeks to assist the Court on an issue of immense public importance: identifying an insurance broker’s duty to its clients, specifically, an insurance broker’s duty to advise its clients. Likewise, United Policymakers seeks to assist the Court in addressing…

State Farm v. Amanali Babwari
Year: 2024
Court: 11th Circuit Court of Appeals
Case Number: 24-11396
Issue:
  • Duty to Defend
State:
  • Alabama

United Policyholders’ amicus brief addresses the consequence of an insurance company’s breach of the duty to defend. UP’s brief argues that State Farm should not be allowed to attempt to avoid paying for a consent judgment issued against its insured. State Farm initially defended its…

Gharibian v. Wawanesa General
Year: 2025
Court: California Supreme Court
Case Number: S289700
Issue:
  • Physical Loss or Damage
State:
  • California

United Policyholders in partnership with the Consumer Federation of America submitted a request for depublication letter to the California Supreme Court. This issue regarded a California Court of Appeal decision that misconstrued well-established law when it held that a homeowner’s property insurance policy does not…

Origis USA LLC and Guy Vanderhaegen v. Great American Insurance Co., et al
Year: 2025
Court: Delaware Supreme Court
Case Number: 461-2024
Issue:
  • No Action Clause
State:
  • Delaware

In its amicus brief, United Policyholders argues that an insurer that denies coverage cannot enforce conditions precedent such as the “no action” clause to avoid insurance coverage litigation brought by its insured.

Aearo Technologies LLC, et al. v. ACE American Insurance Co., et al.
Year: 2024
Court: Delaware Supreme Court
Case Number: 381, 20204
Issue:
State:
  • Delaware

In its amicus brief, United Policyholders addresses the issue of whether payments made by a parent corporation on behalf of the parent corporation’s wholly owned subsidiary counts towards an insurance policy’s “self-insured retention” (SIR) requirements.

In the Matter of the Petition for Coordination of Maui Fire Cases
Year: 2024
Court: Hawai'i Supreme Court
Case Number: SCRQ-24-0000602
Issue:
  • Subrogation
State:
  • Hawaii

Through our Roadmap to Recovery program, United Policyholders is providing information and support to households impacted the devastating fire that destroyed homes and businesses and the town of Lahaina in August of 2023.  The majority of those whose properties were destroyed found themselves underinsured and…

Fox Paine & Co v. Twin City Fire Insurance Co.
Year: 2024
Court: California Supreme Court
Case Number: S287404
Issue:
  • Excess Insurance
State:
  • California

United Policyholders submitted two letters to the California Supreme Court (first a request for depublication on November 4, 2024 and then subsequently a letter in support of petition for review on December 9) regarding the issue of whether a policyholder who faces a large liability…

Universal Property and Casualty Insurance Company v. Rebecca Hughes
Year: 2024
Court: Florida Supreme Court
Case Number: SC2024-00025
Issue:
  • Late notice
State:
  • Florida

In its amicus brief, United Policyholders weighs in on the issue of retroactivity and late notice, arguing that under Florida’s two-prong test, a statute can only be applied retroactively if (1) it contains clear language indicating legislative intent for retroactively application and (2) such retroactivity is constitutionally…

Michael Cloud v. The Bert Bell/Pete Rozelle NFL Player Retirement Plan
Year: 2024
Court: United States Supreme Court
Case Number: 24-61
Issue:
  • ERISA
State:
  • Texas

In its amicus brief, United Policyholders argues that the Supreme Court should grant certiorari to make clear that in the context of ERISA claims, federal courts are not required to give deference to fiduciaries who have denied benefit claims without engaging in a full and fair claims process.…

Spectrum Retirement Communities, LLC, et al. v. Continental Casualty Company
Year: 2024
Court: Colorado Court of Appeals
Case Number: 2024CA34
Issue:
  • COVID-19
State:
  • Colorado

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 that the presence of physically hazardous substances can qualify as “physical loss or damage” to…

Tulalip Tribes of Washington v. Lexington Insurance Company
Year: 2024
Court: Court of Appeals Division 1
Case Number: 861158
Issue:
  • COVID-19
State:
  • Washington

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.

In re: Hill Hotel Owner v. Hanover Insurance Company
Year: 2024
Court: Colorado Supreme Court
Case Number: 2024SA113
Issue:
  • Attorney-Client and Work-Product Privilege
State:
  • Colorado

In its amicus brief, United Policyholders weighs in on the important issue of whether attorney-client and work-product privileges attach to an insurer’s claims handling materials when such documents were created by or sent to/from attorneys working on behalf of an insurance company. United Policyholder’s argues…

NIBCO vs. Starr Indemnity and Liability Co., et al
Year: 2024
Court: Indiana Supreme Court
Case Number:
Issue:
  • Good Faith and Fair Dealing
State:
  • Indiana

United Policyholders submitted an amicus brief on behalf of an insured who lost out on the possibility of coverage due to an inadvertent error and technicality. Importantly, the insurance company was aware of the error but declined to bring it to the attention of the…

Texas Windstorm Insurance Association v. Stephen Pruski
Year: 2023
Court: Texas Supreme Court
Case Number: 23-0447
Issue:
  • Jurisdiction
State:
  • Texas

In its amicus brief, United Policyholders addresses a jurisdictional question with far-reaching implications. The issue is whether a provision of Texas Insurance Code Section 2210.575(e) renders a decision made by a Texas District Court judge who was not appointed by the proper MDL panel void.…

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