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…
Robert Mallory v. Norfolk Southern Railway Company Year: 2022 Court: Supreme Court of the United States Case Number: 21-1168 Issue: Personal Jurisdiction State: Pennsylvania In its amicus curiae brief, United Policyholders provides the Court with important context regarding Pennsylvania Fire, an early 1900s personal jurisdiction case that involved an insurance company defendant. United Policyholders advocates that the Court not explicitly overrule Pennsylvania Fire but rather acknowledge that consent-by-registration statutes…
EMOI Services Inc. v. Owners Insurance Co. Year: 2022 Court: Supreme Court of Ohio Case Number: 2021-1529 Issue: Cyber Liability State: Ohio In its amicus curiae brief, United Policyholders weighs in on the issue of whether a business property insurance policy provides insurance coverage for a ransomware attack.
Shusha Inc., DBA La Cava v. Century-National Insurance Company Year: 2022 Court: Court of Appeal of the State of California Second Appellate District, Division VII Case Number: B313907 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 demonstrate what the insurance industry and policyholders have long known: that policies that provide coverage for “direct…
Amy’s Kitchen, Inc. v. Fireman’s Fund Insurance Company Year: 2022 Court: Court of Appeal of the State of California First Appellate District, Division IV Case Number: A163767 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 under the extensions of coverage in the operative property insurance policy for Communicable Disease and Loss Avoidance or Mitigation. UP argues that decades of…
Peanut Wagon, Inc. et al. v. Allianz Global Corporate & Specialty et al. Year: 2022 Court: Court of Appeal of the State of California First Appellate District, Division V Case Number: A163136 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 under a “Civil Authority” insuring agreement. UP argues that decades of case law demonstrate what the insurance industry and policyholders have long known: that…
Hill and Stout PLLC v. Mutual of Enumclaw Insurance Company Year: 2022 Court: Washington Supreme Court Case Number: 100211-4 Issue: COVID-19 State: Washington 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 under standard property insurance policies, “loss of” property occurs when property cannot be used for its intended purpose.
Seattle Tunnel Partners, et al. v. Great Lakes Reinsurance (UK) PLC, et al. Year: 2022 Court: Washington Supreme Court Case Number: 100168-1 Issue: Physical Loss or Damage State: Washington In its amicus curiae brief, UP provides the Court with case law and perspective on the genesis and historical interpretation of the key coverage “trigger” language used in standard property insurance policies.
Merck & Co, Inc. et al v. ACE American Insurance Company, et al Year: 2022 Court: New Jersey Appellate Division Case Number: AM-253-21 Issue: Data Breach/Cyber Liability State: New Jersey In its amicus curiae brief, UP addresses whether a standard-form “war exclusion” found in many all-risks insurance policies precludes coverage for damages related to cyber-attacks. UP’s brief argues that applying the “war exclusion” to cyber attacks unrelated to conventional warfare does not comport with the industry’s…
Stant USA Corporation et al v. Factory Mutual Insurance Company Year: 2022 Court: United States Court of Appeals for the Seventh Circuit Case Number: 22-1336 Issue: COVID-19 State: Indiana 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 against a…
Tarrar Enterprises, Inc. v. Associated Indemnity Corp. Year: 2022 Court: Court of Appeal of the State of California First Appellate District, Division II Case Number: A162795 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 demonstrate what the insurance industry and policyholders have long known: that “all risks” insurance policies protect insureds against a…
The Oregon Clinic, PC v. Fireman’s Fund Insurance Company Year: 2022 Court: United States Court of Appeals for the Ninth Circuit Case Number: 22-35047 Issue: COVID-19 State: Oregon 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…
Rockleigh Country Club, LLC v. Hartford Insurance Group, et al Year: 2022 Court: Superior Court of New Jersey Appellate Division Case Number: A-001826-21 Issue: COVID-19 State: New Jersey 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…