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.…