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Amicus Library

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…

The Cincinnati Insurance Company v. Discount Drug Mart, Inc.
Year: 2022
Court: Supreme Court of Ohio
Case Number: 2022-0318
Issue:
  • Opioid Epidemic
State:
  • Ohio

In its amicus curiae brief, United Policyholders addresses important issues relating to insurance coverage for opioid epidemic related losses. Substantively, United Policyholders’s brief demonstrates that under well-settled principles of insurance law, lawsuits brought by government entities seeking to recover for the costs of providing medical…

The Everett Clinic, PLLC v. Premera and Premerafirst, Inc
Year: 2022
Court: Washington Court of Appeals Division 1
Case Number: 82687-5-I
Issue:
  • Health Plans
State:
  • Washington

In its amicus brief, United Policyholders takes a pro-consumer and pro-insurer position in the context of Washington’s longstanding public policy commitment to price competition in the healthcare marketplace. UP’s brief urges the Court to interpret a disputed agreement in a way that fosters competition and…

AC Ocean Walk v. American Guarantee and Liability Ins. Co., et al.
Year: 2022
Court: Superior Court of New Jersey Appellate Division
Case Number: A-001824-21
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…

Preferred Contractors Ins. Co. v. Baker and Son Construction, et al.
Year: 2022
Court: Washington Supreme Court
Case Number: 100466-4
Issue:
  • Occurrence
State:
  • Washington

In its amicus brief, United Policyholders addresses the issue of “non-retroactive claims-made coverage,” a highly unusual and notorious type of insurance that ostensibly requires that both (1) the conduct giving rise to an insurance claim and (2) the insurance claim itself to occur during the…

Franklin v. Lexington Ins. Co.
Year: 2022
Court: Missouri Court of Appeals
Case Number: WD84816
Issue:
  • Labor Depreciation
State:
  • Missouri

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…

MacMiles d/b/a Grant Street Tavern v. Erie Insurance Company
Year: 2022
Court: Court of Common Pleas of Allegheny County
Case Number: 1100 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…

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