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Amicus Library

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…

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…

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