In Re Solera Insurance Coverage Appeals
Year: 2020
Court: Supreme Court of the State of Delaware
Case Number: N18C-08-315 AML CCLD
Issue:
  • Notice-prejudice
State:
  • Delaware

In its brief, UP argues that a liability insurer cannot deny coverage for a policyholder’s defense costs solely because the policyholder did not seek the insurer’s consent to incur those costs in advance when the delay did not have any prejudicial impact on the insurer.…
Citizens Prop. Ins. Corp. v. Manor House LLC
Year: 2020
Court: Supreme Court of Florida
Case Number: SC19-1394
Issue:
  • Citizens
  • Consequential Damages
  • Remedies
State:
  • Florida

Citizens Property Insurance Corporation (“Citizens”) was created by the Florida legislature as a government entity and serves as an insurer of last resort. As such, it abides by slightly different rules than other private insurers in the admitted market. Notably, Citizens is statutorily immune from…
Hicks v. State Farm Fire & Casualty Co.
Year: 2020
Court: United States Court of Appeals for the Sixth Circuit
Case Number: 19-5719
Issue:
  • Labor Depreciation
State:
  • Kentucky

This lawsuit concerns deficient actual cash value (ACV) payments. Plaintiffs challenge State Farm’s method of calculating ACV and, in large part, challenge State Farm’s depreciation of labor. In its brief, UP first argues that the “costs of repair or replacement” language in the ACV loss…
Accardi v. Hartford Underwriters Insurance Co.
Year: 2019
Court: Supreme Court of North Carolina
Case Number: 42A19
Issue:
  • Labor Depreciation
State:
  • North Carolina

In its brief, UP argues against the wrongful depreciation of labor. This issue has been litigated throughout the country, and states have been split on the outcome. For the carriers that do depreciate labor, many have filed coverage forms that expressly outline the practice. This…
Villanueva et. al. v. Fidelity National Title Company
Year: 2019
Court: Supreme Court of California
Case Number:
Issue:
  • Title Insurance
State:
  • California

In its brief, UP argues that the Court of Appeal incorrectly decided a case involving unfiled title insurance rates, and that if upheld, could negatively impact consumers across multiple lines of insurance. First, UP argues that the insurance code section in question does not provide…
Apollo Education Group, Inc. v. National Union Fire Insurance Co. of Pittsburg, PA
Year: 2019
Court: Supreme Court of Arizona
Case Number: CV-19-0229-CQ
Issue:
  • Consent to Settle
State:
  • Arizona

In its brief, UP argues for the applicable standard to apply in Arizona when determining whether an insurer unreasonably withholds consent to an insured’s settlement with shareholders in a breach of contract under a policy where an insurer has no duty to defend. UP argues…
McLaughlin v. Travelers Commercial Insurance Company
Year: 2019
Court: Supreme Court of the State of Washington
Case Number: 97652-0
Issue:
  • Policy Interpretation
State:
  • Washington

In its brief, UP argues that this Court should review the Court of Appeals opinion because it substantially narrows the rights of Washington insurance consumers in ways inconsistent with this Court’s decisions and the state’s declared public policy. First, the Court of Appeals ignored Washington’s…
CSAA Insurance Exchange, etc. et al. v. Oscar Herrera
Year: 2019
Court: Supreme Court of California
Case Number: S256799
Issue:
  • Course of Events Clause
State:
  • California

In its letter, UP argues that review is warranted in the above-named case. UP argues that future consideration and reliance on the CSAA opinion, particularly the “course of events” analysis, could deprive California policyholders of liability coverage for unintentional and accidental acts and conduct. The…
Emmis Communications Corporation v. Illinios National Insurance Company
Year: 2019
Court: United States Court of Appeals for the Seventh Circuit
Case Number: 18-3392
Issue:
  • Claim Reporting
State:
  • Indiana

In its brief, UP argues against the panel’s decision that would force insurance agents, reporting under a D&O policy at an early stage of litigation, to judge whether a claim is “related” to an earlier claim and select among potentially triggered policies the one policy…
Cosgrove v. National Fire & Marine Insurance Company
Year: 2019
Court: United States District Court for the District of Arizona
Case Number: CV-14-02229-PHX-HRH
Issue:
State:
  • Arizona

In its memorandum, UP argues that the court’s partial summary judgment opinion must be unsealed unless the insurance company has a “compelling reason” to seal it, and no compelling reason exists here. The insurer first argues that if the opinion is unsealed, it could subject…
Ortiz v. MeadWestvaco Corporation, et al v. JV Industrial Companies, Ltd., et al
Year: 2019
Court: Supreme Court of Louisiana
Case Number: 2019-C-01123
Issue:
  • Notice-prejudice
State:
  • Louisiana

In its brief, UP argues that an insurance company must establish that the events leading to the outcome of an underlying case actually prejudiced the insurance company in a manner that would not have happened had the insurance company received timely notice of the claim.…
Dakota Girls, LLC v. Philadelphia Indemnity Insurance Co.
Year: 2020
Court: United States District Court Southern District of Ohio Eastern Division
Case Number: 2:20-cv-02035
Issue:
  • COVID-19
State:
  • Ohio

In its brief opposing Philadelphia Indemnity Insurance Company’s Motion to Dismiss, UP argues that contamination, suspected contamination, and/or the imminent threat of contamination of COVID-19 all constitute “physical loss and damage” under a property insurance policy. Structural alteration of the property is not required for…
Cornerstone Warrington, Inc. v. The Cincinnati Insurance Co.
Year: 2020
Court: United States District Court for the Eastern District of Pennsylvania
Case Number: 2:20-cv-02398-MMB
Issue:
  • COVID-19
State:
  • Pennsylvania

In its brief opposing The Cincinnati Insurance Company’s Motion to Dismiss, UP argues that the policy wording and decades of legal authorities from Pennsylvania and nationwide agree that “physical loss” to property under a property insurance policy is demonstrated by the presence, suspected presence, and/or…
G&G Oil Co. of Indiana v. Continental Western Insurance Co.
Year: 2020
Court: Indiana Supreme Court
Case Number: 19A-PL-1498
Issue:
  • Insurance contract interpretation
State:
  • Indiana

G&G Oil employees were locked out of their computers due to a ransomware attack. The hackers demanded payment for the passwords to decrypt G&G Oil’s computers. G&G Oil had a commercial package insurance policy which included commercial crime coverage for “computer fraud” covering the loss…
U.S. Bank v. Indian Harbor ACE Ins. Co.
Year: 2015
Court: U.S. Court of Appeals, 8th Circuit
Case Number: 15-1691
Issue:
  • Contract Interpretation
  • Coverage for Settlements
State:
  • Minnesota

Applying Delaware law, the U.S. District Court for the District of Minnesota correctly held that insurers may not escape liability for coverage by applying erroneous exclusions and attempting to rewrite the bargained for coverage at claim time. Where insurers desire to exclude certain conduct from…