Stanford Weiner and Irene Weiner v. United Property and Casualty Ins. Co. Year: 2023 Court: Florida 4th District Court of Appeal Case Number: 4D22-2413 Issue: Depreciation State: Florida In its amicus curiae brief, United Policyholders argues that “actual cash value” payments should include the depreciated value of undamaged property to be replaced under Florida’s matching statute.
John’s Grill, Inc., et al. v. The Hartford Financial Services Group, Inc., et al. Year: 2023 Court: California Supreme Court; Court of Appeal of the State of California First Appellate District, Division IV Case Number: S278481; A162709 Issue: COVID-19 State: California United Policyholders supports an insured seeking coverage for COVID-19 related losses. In its amicus brief before the California Supreme Court, United Policyholders addresses the issue of illusory coverage in the context of an insurance policy that contains a “Limited Fungi, Bacteria or Virus Coverage” endorsement.…
Truck Insurance Exchange v. Kaiser Cement and Gypsum Corp. et al. Year: 2022 Court: California Supreme Court Case Number: No. S273179 Issue: Allocation State: California United Policyholder’s amicus brief discusses important issues of equitable contribution and allocation between primary and excess insurers, including explaining how one proposed equitable contribution scheme would impact policyholder rights and the future availability of funds in the context of asbestos-related liabilities.
California Fair Plan Association v. Ricardo Lara Year: 2022 Court: Court of Appeal of the State of California Second Appellate District, Division III Case Number: B316058 Issue: Regulatory Authority State: California In its amicus curiae brief, United Policyholders supports the California Department of Insurance’s orders requiring the California Fair Plan to provide enhanced coverages, including liability insurance, as part of a basic homeowners insurance policy.
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:…