Amicus Briefs Archive - Page 6 of 36 - United Policyholders

Frymire Home Services, Inc. and Whitefield Capital, LLC v. Ohio Security Insurance Company

Court: Texas Supreme Court

Case Number: 21-0757

Concurrent Causation

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.

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

COVID-19

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…

First and Stewart Hotel Owner, LLC v. Fireman’s Fund Insurance Company

Court: United States Court of Appeals for the Ninth Circuit

Case Number: 21-35637

COVID-19

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’s brief provides the Court with 50 years of case law from the Ninth Circuit and across the country showing that the standard insuring language…

Ashland Hospital Corporation D/B/A King’s Daughters Medical Center, et al. v. Darwin Select Insurance Co., et al.

Court: Kentucky Supreme Court

Case Number: 2020-SC-0260-D

Duty to pay defense costs

Kentucky

In its amicus curiae brief, UP supports an insured Kentucky hospital that was ordered to reimburse its insurer for legal fees previously paid by the insurer to defend the hospital in underlying lawsuits. UP’s brief argued: (1) procedurally, the lower court lacked the authority to…

Sportime Clubs, LLC v. American Home Assurance Company

Court: New York Supreme Court Appellate Division Second Judicial Department

Case Number: 2021-05000

COVID-19

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’s brief provides the Court with 50 years of history and case law in New York and across the country showing that the standard insuring…

Selane Products, Inc. v. Continental Casualty Company

Court: United States Court of Appeals for the Ninth Circuit

Case Number: 21-55123

COVID-19

California

In its amicus curiae brief, UP supports an insured’s petition for rehearing in the context of coronavirus-related business income losses. UP’s brief argues three main points: (1) the Panel misapplied the Civil Authority Endorsement in the insured’s policy; (2) decades of case law confirm that…

Chattanooga Professional Baseball LLC v. National Casualty Co.

Court: United States Court of Appeals for the Ninth Circuit

Case Number: 20-17422

COVID-19
Regulatory Estoppel

Arizona

In its amicus curiae brief, UP supports an insured’s petition for rehearing on the basis that the Ninth Circuit Panel misapplied the doctrine of regulatory estoppel.

Boulevard Carroll Entertainment Group v. Fireman’s Fund Insurance Company

Court: United States Court of Appeals for the Third Circuit

Case Number: 21-1061

COVID-19

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’s brief provides the Court with 50 years of history and case law in New Jersey and across the country showing that the standard insuring…

Jarden LLC. v. Ace American Ins. Co. et. al.

Court: Supreme Court of the State of Delaware

Case Number: No. 273, 2021

Appraisal
D&O Policy Language

Delaware

In its brief, UP weighs in on whether this appeal generally concerns the Appellant’s entitlement to coverage under a directors and officers policy of insurance for consolidated shareholder appraisal actions resulting in a judgment against the Appellant, as well as litigation costs and fees. UP identifies important issues of…

Hartford Fire Insurance v. MODA, LLC et. al.

Court: Appellate Court of the State of Connecticut

Case Number: AC 44820

COVID-19

Connecticut

In its brief, UP weighs in on the long-standing precedent set by the insurance industry and courts that property insurance policies cover loss from events that render a property unfit for its intended use. Insurance industry drafting organizations have, for decades, concluded that the terms…

Circus Circus v. AIG Specialty Ins. Co.

Court: United States Court of Appeals Ninth Circuit

Case Number: 21-15367

COVID-19

Nevada

In its brief, UP weighs in on the tumultuous effect the pandemic has inflicted on the entertainment industry, namely a hotel/ casino in the entertainment capital of the world. Apart from, but complimentary to, the argument of the policyholder that the presence of COVID-19 at the insured…

Circle Block Partners et. al. v. Fireman’s Fund Ins. Co.

Court: United States Court of Appeals Seventh Circuit

Case Number: 21-2459

COVID-19

Indiana

In its brief, UP explores how an all-risk policy, like the one sold by FFIC, is meant to cover all risks of physical loss or damage that are not expressly excluded in the policy. Indiana law places the burden on insurance companies to clearly and…

Summit Hospitality Group, LTD. v. The Cincinnati Ins. Co.

Court: United States Court of Appeals Fourth Circuit

Case Number: 21-1362

COVID-19

North Carolina

In its brief, UP explores the district court ruling that Summit had not pleaded a claim for relief, holding that Summit did not plausibly allege that access to its property was “specifically denied” due to COVID-19 and the government orders limiting access to the business. Citing no authority,…

Huntington Ingalls Industries, Inc. v. Ace Am. Ins. Co. et. al.

Court: The Supreme Court of Vermont

Case Number: 2021-173

COVID-19

Vermont

In its brief, UP tackles the effects of COVID-19 on businesses in the state of Vermont and duty of insurers to oblige business interruption losses due to physical loss or damage caused by the virus. In this case the insurer has denied HII’s claim, mainly on…

The Masonic Temple Association of Quincy v. Acadia Ins. Co.

Court: Massachusetts Supreme Judicial Court

Case Number: SJC-13109

Policy Interpretation

Massachusetts

In its brief, UP explores the issue of whether the named insured in a general liability insurance policy includes a “doing business as” designation, whether policy coverage is limited to liabilities arising out of the “doing business as” entity’s business or whether it applies to the…

CLMS Management Services LP, et. al. v. Amwins Brokerage of Georgia LLC, et al.

Court: United States Court of Appeals Ninth Circuit

Case Number: 20-35428

Arbitration

Washington

In it brief, UP urges the Court to follow the Second Circuits lead in enforcing state anti-arbitration laws against foreign insurers just as they are enforceable against domestic insurers. As current Washington state law and Federal law (McCarran-Ferguson Act) stands, state anti-arbitration laws supersede acts…

Treasure Cay Condominium Assoc., Inc. v. Frontline Unlimited Ins. Co.

Court: United States Court of Appeals Eleventh Circuit

Case Number: 21-10611-E

Appraisal

Florida

In its brief, UP discusses the purpose of appraisal and why the District Court erred in granting summary judgment to the insurer. UP suggests that the Court erred in holding that Treasure Cay’s demand for appraisal was premature, and that the purpose of appraisal is to…

Neuro-Communication Services, Inc. v. The Cincinnati Insurance Co. et. al.

Court: The Supreme Court of Ohio

Case Number: 2021-0130

COVID-19

Ohio

In its brief, UP tackles the issue of COVID-19 in support of Neuro-Communication Services, Inc. UP argues that businesses that were habitable and safe for their ordinary and intended use one day now have become unsafe for their ordinary and intended use due to the infiltration of COVID-19…