QBE Insurance Corporation v. The Eighth Judicial District Court of the State of Nevada and Lamplight Village @ Centennial Springs Homeowners Association Year: 2022 Court: Nevada Supreme Court Case Number: 84181 Issue: Duty to Defend State: Nevada In its amicus curiae brief, United Policyholders addresses the special and ongoing obligations imposed on an insurance company that has undertaken the legal defense of its insured in an underlying tort lawsuit.
Harsco Corporation v. Scottsdale Insurance Company Year: 2023 Court: Indiana Supreme Court Case Number: 21A-PL-02483 Issue: Contract Interpretation - Ambiguity State: Indiana In its amicus curiae brief, United Policyholders advocates explicitly overturning Indiana’s overbroad “neutral stance” rule formulated in the case Indiana Lumbermens Mutual Insurance Company v. Statesman Insurance Company, which declines to extend the benefit of the longstanding contra proferentem rule to parties who have not directly paid insurance…
ConAgra Grocery Products Company, et al. v. Certain Underwriters at Lloyd’s, London, et al. Year: 2022 Court: California Supreme Court Case Number: A160548 Issue: Accident/Occurrence & Intentional Acts State: California Letter supporting review.
United Talent Agency v. Vigilant Insurance Co. Year: 2022 Court: California Supreme Court Case Number: B314242 Issue: COVID-19 State: California Letter requesting depublication.
Another Planet Entertainment, LLC v. Vigilant Insurance Co. Year: 2023 Court: California Supreme Court Case Number: S277893 Issue: COVID-19 State: California Letter supporting request for certification
Cajun Conti LLC, et al. v. Certain Underwriters at Lloyd’s, London Year: 2023 Court: Louisiana Supreme Court Case Number: 2022-C-01349 Issue: COVID-19 State: Louisiana 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 policies that provide coverage for…
Anchors and Whales, et al. v. Crusader Insurance Company Year: 2022 Court: Court of Appeal of the State of California First Appellate District, Division II Case Number: A164412 Issue: COVID-19 State: California 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 and on-point California state appellate court authority demonstrate what the insurance industry and policyholders have long…
AIU Insurance Company, et al v. McKesson Corporation, et al Year: 2022 Court: United States Court of Appeals for the Ninth Circuit Case Number: 22-16158 Issue: Opioid Epidemic & Intentional Acts State: California In its amicus brief, United Policyholders addresses the important question of whether insurance coverage is available for liabilities arising out of a company’s day-to-day business. United Policyholders’ brief provides an overview of the history and purpose of insurance — going back hundreds of years to…
State Farm Fire and Casualty Company v. Aaron Wesser Year: 2022 Court: Minnesota Supreme Court Case Number: A21-1587 Issue: Appraisal State: Minnesota In its amicus curiae brief, UP supports policyholders’ rights to recover preaward and post-award interest on their insurance appraisal awards in line with the legislative intent of Minn. Stat. § 549.09 and the Minnesota Supreme Court’s decision in Poehler v. Cincinnati Insurance Company, 899 N.W.2d…
Yahoo Inc. v. National Union Fire Insurance Company of Pittsburgh, PA Year: 2019 Court: California Supreme Court Case Number: S253593 Issue: Contract Interpretation - Ambiguity State: California In its 2019 amicus curiae brief, United Policyholders weighs in on important issues of insurance policy contract interpretation in California. United Policyholder’s brief draws the Court’s attention to the importance and purpose of standard liability coverage language used in countless insurance policies throughout the state…
Best Rest Motel Inc. D/B/A Holiday Inn Express Old Town v. Sequoia Insurance Company Year: 2022 Court: Court of Appeal of the State of California Fourth Appellate District, Division I Case Number: D079927 Issue: COVID-19 State: California 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 and on-point California state appellate court authority demonstrate what the insurance industry and policyholders have long…
Coast Restaurant Group v. AmGUARD Insurance Company Year: 2022 Court: Court of Appeal of the State of California Fourth Appellate District, Division III Case Number: G061040 Issue: COVID-19 State: California In its amicus curiae brief, United Policyholders weighs in regarding business interruption losses related to the COVID-19 virus. UP’s brief argues that decades of case law and on-point California state appellate court authority demonstrate what the insurance industry and policyholders have long known: that policies…
Ken’s Foods, Inc. v. Steadfast Insurance Company Year: 2022 Court: Massachusetts Supreme Judicial Court Case Number: SJC-13303 Issue: Loss Mitigation State: Massachusetts In its amicus curiae brief, United Policyholders weighs in on the important issue of whether an insurance company is required to compensate its insured for the costs of preventing an imminent covered loss.
Saddle Ranch Sunset, LLC et al. v. Fireman’s Fund Insurance Company, et al. Year: 2022 Court: Court of Appeal of the State of California Second Appellate District, Division V Case Number: B313609 Issue: COVID-19 State: California 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 and on-point California state appellate court authority demonstrate what the insurance industry and policyholders have long known:…
Starr Surplus Lines Insurance Co. v. The Eighth Judicial District and JGB Vegas Retail Lessee Year: 2022 Court: Nevada Supreme Court Case Number: 84986 Issue: COVID-19 State: Nevada 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…
Moody v. Oregon Community Credit Union and Federal Insurance Company Year: 2022 Court: Oregon Supreme Court Case Number: S069409 Issue: Bad Faith State: Oregon In its amicus curiae brief, United Policyholders addresses the question of whether a policyholder can recover extra-contractual damages by bringing negligence per se cause of action for mishandling of an insurance claim in a way that violates Oregon statute. United Policyholders’ brief argues that insurance consumer…
Tapestry, Inc. v. Factory Mutual Insurance Company Year: 2022 Court: Court of Appeals of Maryland Case Number: Misc. No. 1 COA-MISC-0001-2022 Issue: COVID-19 State: Maryland 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 counters insurance industry “factual” assertions relating to the physical operation of the SARS-CoV-2 virus. UP’s brief also demonstrates that the customary…
Monarch Casino & Resort, Inc. v. Affiliated FM Insurance Co. Year: 2022 Court: United States Court of Appeals for the Tenth Circuit Case Number: 22-1096 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’s brief specifically addresses the non-applicability of a “contamination” exclusion and the scope of the policy’s communicable disease coverage expansion. UP’s brief also counters…