St. Matthews Church of God and Christ v. State Farm Insurance Company Year: 2022 Court: Minnesota Supreme Court Case Number: A21-0240 Issue: Code Upgrades State: Minnesota In its amicus curiae brief, UP argues that Minnesota law requires that replacement cost insurance policies include coverage for repairs that are mandatory to comply with the building code after a covered loss.
Wellpath Holdings, Inc. v. XL Insurance Company, et al Year: 2022 Court: New York Appellate Division Second Department Case Number: 2021-08206 Issue: COVID-19 State: New York 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…
Sullivan Management v. Fireman’s Fund Insurance Company Year: 2022 Court: South Carolina Supreme Court Case Number: 2021-001209 Issue: COVID-19 State: South Carolina 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…
Capri Holding Ltd. v. Zurich American Ins. Co et. al. Year: 2022 Court: Superior Court of New Jersey Appellate Division Case Number: A-003551-20 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…
Walker v. Auto-Owners Year: 2022 Court: Arizona Supreme Court Case Number: CV-21-0236-CQ Issue: Labor Depreciation State: Arizona Building owners purchase property insurance to protect themselves if their property is damaged by fire, hail, tornadoes, or other often catastrophic events. In the case of homeowners, adequate payment of insurance policy benefits is often what stands between them and homelessness after a disaster. Insurers…
Radiator Specialty Co. v. Arrowood Indemnity Co. Year: 2021 Court: North Carolina Supreme Court Case Number: 20PA21 Issue: All Sums State: North Carolina In its amicus curiae brief, UP argues that the terms of the standard commercial general liability insurance policy compels “all sums” allocation. UP brief specifically emphasizes the insurance industry’s extensive drafting history, which confirms that the standard commercial general liability insurance policy, once triggered by…
Timothy A. Ungarean d/b/a Smile Savers Dentistry et. al. v. CNA et. al. Year: 2022 Court: Court of Common Pleas of Allegheny County Case Number: 490 WDA 2021 Issue: COVID-19 State: Pennsylvania 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…
Sagome Inc. D/B/A L’Hostaria v. The Cincinnati Insurance Co. Year: 2022 Court: United States Court of Appeals for the Tenth Circuit Case Number: 21-1359 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 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…
ES Restaurant Group Inc. et al v. Fireman’s Fund Insurance Company et al Year: 2022 Court: United States Court of Appeals for the Ninth Circuit Case Number: 21-35498 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 decades of case law demonstrate what the insurance industry and policyholders have long known: that “all risks” insurance policies protect insureds against a…
Wild Eggs Holdings v. State Auto and Property Casualty Ins. Co Year: 2021 Court: United States Court of Appeals for the Sixth Circuit Case Number: 21-5962 Issue: COVID-19 State: Kentucky 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…
Verveine Corp. d/b/a Coppa & others vs. Strathmore Ins. CO. & another Year: 2021 Court: Massachusetts Supreme Judicial Court Case Number: SJC-13172 Issue: COVID-19 State: Massachusetts 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 Cordish Companies v. Affiliated FM Insurance Company Year: 2021 Court: United States Court of Appeals for the Fourth Circuit Case Number: 21-2055 Issue: COVID-19 State: Maryland 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…
Consolidated Restaurant Operations, Inc. v. Westport Ins. Corp. Year: 2021 Court: New York Appellate Division First Department Case Number: 2021-02971 & 2021-04034 Issue: COVID-19 State: New York In the New York Appellate Division, First Department, United Policyholders submitted an amicus brief supporting coverage for an insured’s business interruption losses related to the SARS-CoV-2 virus and COVID-19. UP’s brief argues that decades of case law demonstrate what the insurance industry and policyholders have…
Lionbridge Technologies, LLC v. Valley Forge Insurance Co. Year: 2021 Court: United States Court of Appeals for the First Circuit Case Number: 21-1698 Issue: Attorney Client PrivilegeCommon Interest DoctrineDuty to Defend State: Massachusetts In its amicus curiae brief, UP weighs in on the issues of an insurer’s duty to defend and the ability of an insurance company to obtain the privileged information of its insured under the guise of the common interest doctrine. UP argues that when an…
North State Deli, LLC, et al v. The Cincinnati Insurance Company, et al Year: 2021 Court: North Carolina Court of Appeals Case Number: COA 21-293 Issue: COVID-19 State: North Carolina 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…
Colectivo Coffee Roasters et al. v. Society Insurance, A Mutual Company Year: 2021 Court: Wisconsin Supreme Court Case Number: 2021AP000463 Issue: COVID-19 State: Wisconsin 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 brief provides the Wisconsin Supreme Court with legal precedent and arguments relating to five distinct points: (1) airspace is an important part of…
Frymire Home Services, Inc. and Whitefield Capital, LLC v. Ohio Security Insurance Company Year: 2021 Court: Texas Supreme Court Case Number: 21-0757 Issue: Concurrent Causation State: Texas In its amicus curiae brief, UP addresses whether the concurrent cause doctrine applies where there is any non-covered damage, including “wear and tear” to an insured property, but such damage does not directly cause the particular loss experienced by a policyholder. UP argues that while…
1 S.A.N.T., Inc. v. Berkshire Hathaway, et al. Year: 2021 Court: United States Court of Appeals for the Third Circuit Case Number: Nos. 21-1109; 21-1038; 21-1039; 21-1106; 21-1107; 21-1294 Issue: COVID-19 State: Pennsylvania 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 discusses the application of the regulatory estoppel doctrine to COVID-19 related losses. The doctrine of regulatory estoppel prevents insurers from profiting by misleading…