Payton, Dolores vs. Aetna/US Healthcare
Year: 1989
Court: New York State Supreme Court
Case Number: Index No. 99/100440
Issue:
  • Public service nature of insurance
State:
  • New York

Tutorial for the Court re: Insurance Ethics; duty of good faith and fair dealing; insurance as a product; insurance companies as fiduciaries; public service nature of insurance.
Paul Revere Life Insurance Company vs. Taylor
Year: 2003
Court: U.S. District Court, California Northern District
Case Number: C99-21104JF
Issue:
  • Reservation of Rights
State:
  • California

Paul Revere must expressly inform its policyholder that it is reserving its right to exercise its discretion in making a disability determination.
Patrick, Patricia v. UNUM
Year: 2000
Court: California Supreme Court
Case Number: S098602
Issue:
  • ERISA
State:
  • California

The scope of ERISA preemption should not be extended beyond congress’ intent and should not be allowed to preempt first party insurer bad faith tort claims.
Panasia Estates, Inc. vs. Hudson Insurance Company and UTC Risk Management Services, Inc.
Year: 2008
Court: New York State Supreme Court, Appellate Division, Department 1
Case Number: New York County Clerk’s Index No. 602472/05
Issue:
  • Bad Faith
State:
  • New York

The Decision and Order of the Supreme Court, New York County, should be reversed to the limited extent that it implicitly requires Plaintiff to prove bad faith in order to recover consequential damages.
Padilla Construction Company, Inc., v. Transportation Insurance Company
Year: 2006
Court: California Court of Appeal, 4th District, Division 3
Case Number: G036451
Issue:
  • Duty to Defend
State:
  • California

Request for modification of previous decision. The CGL policies at issue potentially cover all damages because of the property damage alleged in the Padilla lawsuit, including property damage that may have occurred prior to inception of the Stage 4 Primary Insurer’s policies. Therefore, the Padilla…
Old United Insurance Company, dba Vantage Casualty Company vs. Buhrman, Don
Year: 2005
Court: California Court of Appeal, 4th District, Division 2
Case Number: E039995
Issue:
  • Arbitration
  • Tort Damages
State:
  • California

UP argued that the policy at issue contained a compulsory arbitration clause which Insurance Company ignored, forcing insured to incur expenses for litigation as well as loss of time. Under these circumstances, damages for breach of contract are insufficient. Only a tort rationale will provide…
Norman, George vs. State Farm Mutual Automobile Insurance Company
Year: 2001
Court: Arizona Supreme Court
Case Number: CV-01-04554-PR
Issue:
  • Auto insurance
State:
  • Arizona

UP argued that the Court should not use admittedly bad facts to justify insurer’s failure to satisfy Arizona’s auto insurance cancellation provisions.
Norfolk Southern et al v. California Union Insurance Co.
Year: 2001
Court: Louisiana First Circuit Court of Appeal
Case Number: 2002-CA-371
Issue:
  • Allocation
  • Joint and Several Liability
State:
  • Louisiana

The Court should affirm its decision to allow joint and several liability where the loss may be covered by several insurance policies and not allow the insurer’s pro-rata allocation scheme which puts the burden on insureds.
Nieto, Julie vs. Blue Shield of California Life & Health Insurance Company
Year: 2009
Court: California Supreme Court
Case Number: B214669
Issue:
  • Post Claims Underwriting
State:
  • California

If the Court of Appeal decision cannot be reconciled with California public policy and is inconsistent with all other California authority, which has strongly condemned unlawful post claims underwriting.
Neil, Jonathan & Associates vs. Jones et al.
Year: 2002
Court:
Case Number:
Issue:
  • Tort Damages
State:
  • California

Request for Depublication. Court held that the plaintiff could not state a cause of action for bad faith for the failure to settle claims against him because the conduct in question did not involve the payment of claims by the insured or the failure to…
Nationwide Mutual Insurance Company vs. Chillura
Year: 2004
Court: Florida 2nd District Court of Appeal
Case Number: 2D04-4906
Issue:
  • Property insurance--foundation integral part of building.
State:
  • Florida

A building’s foundation system is an integral component of any building. Accordingly, declaring a foundation system part of the “land” and not part of the building in order to deny coverage is misconstruing and misapplying both Florida Statute No.627.706 and related insurance policy provisions. In…
Nationwide Mutual Insurance v. Richardson
Year: 2002
Court: District of Columbia Court of Appeals
Case Number: 01-SP-1451
Issue:
  • Pollution Exclusion and Coverages
State:
  • District of Columbia

Court should consider the historical circumstances surrounding the drafting of the Absolute Pollution Exclusion (APE) and limit its application to long-term industrial pollution of the environment and should not allow insurance companies to apply the APE to cases that do not involve environmental pollution. UP…
National Union Fire Insurance Company of Pittsburgh vs. Crocker, Beatrice
Year: 2005
Court: Texas Supreme Court
Case Number: 06-0868
Issue:
  • Coverage
State:
  • Texas

The Court should confirm the well-established rule that insurance companies owe their policyholders and additional insureds a duty to disclose coverage. Moreover, an insurance company cannot rely on lack of formal notice when it (a) receives actual notice or (b) has not been prejudiced by…
Motiva Enterprises, LLC vs. St. Paul Fire & Marine Insurance Company and National Union Fire Insurance Company of Pittsburgh, PA
Year: 2004
Court: U.S. Court of Appeals, 5th Circuit
Case Number: 05-20139
Issue:
  • No forfeit of coverage for settline without insurance company's authority.
State:
  • Texas

The insured should not forfeit coverage by settling without insurance company’s authority when the insurance company intentionally places itself in an adversarial position with its insured by issuing a Reservation of Rights.
Morris, Martin vs. Paul Revere Life Insurance Company
Year: 2002
Court: California Court of Appeal, 4th District
Case Number: G030567
Issue:
  • Bad Faith
State:
  • California

Request for depublication of opinion which held that bad faith liability cannot be imposed upon an insurer as a matter of law where there are uncertainties in controlling case law even if the insurer is wrong on the law.
Morrill and The Estate of John Prestiss vs. Cotton States Mutual Insurance Company
Year: 2007
Court: Georgia Court of Appeals
Case Number: A08A1391
Issue:
  • Statute of Limitations
State:
  • Georgia

Insurer attempted to apply contractual one year statute of limitations in contravention of the public policy of Georgia, as established by statute and precedent allowing policyholders two years from the date of loss to file suit. The trial court erred by (1) applying the time…
Monticello Insurance Company v. Baecher
Year: 1995
Court: Virginia Supreme Court
Case Number: 960193
Issue:
  • Trigger of Coverage
State:
  • Virginia

UP’s (and co-amici’s) brief was written pro bono by Irene C. Warshauer, Esq., Joan L. Lewis, Esq., Todd D. Robichaud, Esq. of Anderson Kill & Olick, PC, and Robert L. Carter, Esq. of McKenna & Cuneo, LLP
Millers Capital Insurance Company vs. Gambone Brothers Development Co., et al.
Year: 2006
Court: Pennsylvania Superior Court
Case Number: Docket No. 420 EDA 2007
Issue:
  • Coverage
State:
  • Pennsylvania

Case involves insurance coverage for property damage resulting from faulty workmanship by an insured contractor and its subcontractors. The standard form general insurance liability policy (“CGL”) was intentionally designed to cover the underlying claims of faulty workmanship.